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Federal Court Appeals in Canada: Challenging Immigration Decisions

At North Vista Immigration, we understand that receiving a negative immigration decision can be disheartening. However, in many cases, you have the right to challenge the decision through a Federal Court Appeal. Our experienced team is here to guide you through the judicial review process, ensuring your case is presented effectively and your rights are protected.

What is a Federal Court Appeal?

A Federal Court Appeal, also known as a Judicial Review, is a legal process where the Federal Court of Canada reviews the decision of an immigration officer, tribunal, or board to determine if it was fair, reasonable, and lawful.  

Common Immigration Decisions That Can Be Appealed:  

  • Refusal of a refugee claim by the Refugee Protection Division (RPD) or Refugee Appeal Division (RAD).  
  • Denial of a permanent residency application.  
  • Refusal of a Temporary Resident Visa (TRV), work permit, or study permit.  
  • Removal orders or deportation decisions.  
  • Negative decisions on Humanitarian and Compassionate (H&C) applications.  

If you believe your immigration decision was unfair or incorrect, a Federal Court Appeal may be your best option to challenge it.  

Why Choose North Vista Immigration for Your Federal Court Appeal?

Navigating the Federal Court Appeal process requires specialized legal expertise. At North Vista Immigration, we provide:

1. Expert Case Assessment: We review your case to determine the strongest grounds for appeal.

2. Strong Legal Arguments: Our team prepares compelling written submissions and represents you at the hearing.

3. Timely Filing: We ensure your application is filed within the strict deadlines.

4. Personalized Guidance: We stand by you every step of the way, ensuring you understand the process and your options.
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The Federal Court Appeal Process

Filing the Application for Leave and Judicial Review
You must file your application within 15 to 30 days of receiving the decision, depending on the type of decision. The application includes a written argument explaining why the decision should be overturned.
The Leave Stage
The Federal Court will first decide whether to grant “leave” (permission) to proceed with the judicial review. If leave is granted, your case will move to the hearing stage.
The Hearing Stage
If leave is granted, the Federal Court will hold a hearing where your lawyer can present arguments. The court will then decide whether to uphold or overturn the decision.
Possible Outcomes
The court may dismiss your application, upholding the original decision. The court may allow your application, overturning the decision and sending it back for reconsideration.
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Can I appeal any immigration decision to the Federal Court?
Not all decisions can be appealed. However, most decisions made by immigration officers, tribunals, or boards can be challenged through a judicial review.
What is the difference between an appeal and a judicial review?
An appeal involves re-hearing the case, while a judicial review focuses on whether the decision was made fairly and according to the law.
How long does a Federal Court Appeal take?
The process can take several months to over a year, depending on the complexity of the case.
Can I stay in Canada during the appeal process?
In some cases, you may be allowed to remain in Canada while your judicial review is being processed.
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