When applicants receive an immigration decision that they would like to appeal, their options are to appeal to the Immigration Appeal Division (IAD), the Refugee Appeal Division (RAD), or file a Judicial Review Application at the Federal Court.
Appeals can be complicated, and many applicants find that they need assistance to navigate the procedures and requirements of IAD and RAD appeals. Legal assistance is recommended when filing applications before the Federal Court.
Odyssey Law will help you put your best case forward. We offer comprehensive representation at every stage of the process. Please see below for more information.
Please note that the information contained on this post is for informational purposes only and does not constitute legal advice. For advice on your specific situation, please call Odyssey Law for a consultation.
If a person’s immigration application or refugee claim is unsuccessful, or they have received an immigration order, the next step may be to appeal the decision to either the Immigration Appeal Division (IAD) or the Refugee Appeal Division (RAD).
Not every case is eligible to be appealed to the IAD or the RAD. It is important that potential applicants first understand whether they are eligible to appeal to these bodies. In other circumstances, a review of the case may need to be undertaken by application for a judicial review at the Federal Court of Canada.
The first step in the process is for an applicant to file notice to either the IAD or the RAD (and other parties as may be required) that they intend to file an appeal of their case. Evidence and arguments are later filed in support of an applicant’s case and evidence and argument may be presented in rebuttal from a representative of the Minister. The IAD and RAD have different procedures in regard to the submission of evidence and arguments, and to whether an oral hearing will be held. If a person intends to appeal to the IAD and RAD, documentation must be submitted within strict deadlines.
When a negative decision is received that cannot be appealed to the Immigration Appeal Division (IAD) or Refugee Appeal Division (RAD), or in other cases such as where there is undue delay in getting an application processed, relief may be obtained by going to Federal Court. The process is called a judicial review.
If a person intends to submit an application to Federal Court, documentation must be submitted within strict deadlines. The first step in the process is for an applicant to properly file and serve notice of their intent to begin an application. An argument is later submitted in support by an applicant. Arguments are then submitted in rebuttal by a lawyer representing the Minister, and the applicant has a chance to reply in response. In most immigration applications before the Federal Court, “leave” must be obtained before a Court will agree to further hear a case, meaning the Court must determine whether the application meets a certain threshold before it will be considered for further review. If leave is granted, the parties will attend a hearing at Federal Court where oral arguments take place.
