Appeals & Judicial Reviews
Comprehensive legal representation for complex immigration appeals and judicial reviews in Canada's court system
Our Specialized Services
Comprehensive legal representation for complex appeals and judicial reviews in Canada's court system
Refugee Appeal Division
Appealing negative decisions from the refugee protection division to the RAD
- Credibility findings
- New evidence submisssions
- Country condition updates
- Legal error appeals
Sponsorship Appeals
Appealing refused family sponsorship applicatoin to the Immigration Appeal Division
- Spousal sponsorship refusal
- Parent/grandparent refusal
- Misrepresentation alllegations
- Humanitarian arguments
Visitor visa refusals
Challenging temporary resident visa refusals based on:
- Purpose of visit concerns
- Family ties in Canada and home country
- Financial support issues
- Travel history concerns
Study/Work Permit Refusals
Appealing refusals of temporary resident permits:
- Study permit refusals
- Work permit refusals
- Post-graduation work permit eligibility
- Spousal open work permit refusals
Federal Court Reviews
Challenging immigration decisions through judicial review:
- Procedural fairness violations
- Errors in law or fact-finding
- Unreasonable decisions
- Failure to consider evidence
PR Application Refusals
Judicial review of permanent residence refusals:
- Express Entry application refusals
- Provincial Nominee Program refusals
- Family class sponsorship refusal
- Humanitarian and Compassionate refusals
Inadmissibility Appeals
Overcoming grounds of inadmissibility:
- Criminal inadmissibility (rehabilitation, TRPs)
- Medical inadmissibility (excessive demand)
- Misrepresentation (procedural fairness)
- Security grounds (certificates, judicial review)
Temporary Resident Permits
Securing temporary entry despite inadmissibility:
- TRP applications for criminal inadmissibility
- Urgent TRPs for compelling circumstances
- TRP renewals and extensions
- Appealing TRP refusals
Removal Order Appeals
Challenging removal orders before the IAD:
- Appeals of deportation orders
- Humanitarian and compassionate considerations
- Stays of removal pending appeal
- Appeals based on family separation
Pre-Removal Risk Assessments
Protection claims for those facing removal:
- PRRA applications and appeals
- Risk assessments based on country conditions
- Judicial review of negative PRRA decisions
- Deferral of removal requests
Simplifying Your Immigration Journey
Appeals FAQ
Answers to common questions about immigration appeals and judicial reviews
What's the difference between an appeal and judicial review?
Appeals and judicial reviews are different legal processes:
- Appeals are typically heard by administrative tribunals like the Immigration Appeal Division (IAD) and involve a reconsideration of the entire decision with new evidence
- Judicial reviews are heard by the Federal Court and examine whether the original decision was reasonable and procedurally fair, generally without new evidence
- Appeals are available for certain types of decisions (like sponsorship refusals or removal orders) while judicial review is available for most immigration decisions
- The timelines for filing differ significantly (30 days for IAD appeals, 15-60 days for judicial reviews depending on your location)
How long does the appeal process take?
Processing times vary significantly depending on the type of appeal and current caseloads:
- IAD appeals: 12-18 months on average
- Federal Court judicial reviews: 6-12 months for a decision
- Urgent processing: May be available in exceptional circumstances
- PRRA applications: Typically 3-6 months
We can often request stays of removal or other interim measures to maintain your status during the appeal process.
Can I submit new evidence with my appeal?
The ability to submit new evidence depends on the appeal process:
- IAD appeals: New evidence is generally allowed and expected to address the refusal reasons
- Federal Court judicial reviews: The court typically only considers evidence that was before the original decision-maker, with limited exceptions
- Reconsideration requests: New evidence may be submitted to address specific concerns
Our lawyers will advise you on what new evidence would be most persuasive and how to properly present it based on your appeal route.
What are my chances of success?
Success rates vary based on multiple factors:
- The specific grounds of refusal and whether they can be effectively addressed
- The type of application being appealed (visitor visas have different success rates than PR applications)
- The strength of new evidence that can be presented
- Whether there were procedural fairness issues in the original decision
- The specific appeal route being pursued
After reviewing your refusal letter and circumstances, we can provide a realistic assessment of your chances and recommend the strongest approach.
Protect Your Rights Today
At Linda K Law, we offer expert legal services tailored to your needs. Whether it's litigation or consultation, ensure your best interests are represented.