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Federal Court Applications & Appeals

Has your case been refused?

We represent hundreds of clients every year at the Federal Court of Canada, the Immigration Appeal Division, the Immigration Division and the Refugee Protection Division.

At Bellissimo Law Group we pride ourselves on being one of the leading law firms that deal with refusals and litigation. We represent individuals and companies dealing with all refusals including family class, deportations, residency cases, citizenship and refugee matters. In this section we set out some basic considerations at the Federal Court of Canada.

 

Under the Immigration and Refugee Board, there are two avenues for the appeal process depending upon the type of appeal:

  • Refugee Appeal Division (RAD)
    • Claimants may be given the opportunity to prove to the Refugee Protection Division (RPD) that the decisions on their original claim was wrong in fact or law or both;
    • Claimants may introduce new evidence that was not available at the time of the initial RPD process;
    • Paper-based appeal, oral hearings may be necessary in exceptional cases.

 

  • Immigration Appeal Division (IAD)
    • For appeals relating to residency, sponsorship or removal orders.

 

In order for the Court to review your decision, you must obtain leave after they have reviewed your documents.  During this stage of the process, you must demonstrate to the Court that an error was made or that the decision was in some way unfair or unreasonable.  Once leave has been established, you and your lawyer can attend a hearing before the Court to further explain your reasons for appealing.

Under the IAD, appeals for each application differ slightly:

  • Sponsorship appeals
    • 30 days to appeal;
    • Appeal will be approved or dismissed:
      • If the appeal is approved, your case will continue at CIC for processing.  If you are subject to a secondary refusal, you may begin the appeal process again.

 

  • Removal order appeals
    • 30 days to appeal;
    • Appeal may be:
      • Approved – you may remain in Canada;
      • Dismissed – you will have to leave Canada;
      • Stayed – removal order will be suspended and appellant may stay in Canada under conditions until the stay is reviewed and the appeal reconsidered.

 

  • Residency obligation appeals
    • 60 days to appeal;
    • IAD member will hold a hearing;
    • Appeal may be:
      • Allowed, permanent resident status restored;
      • Dismissed, status will be revoked and, should the appellant be in Canada, a removal order will be issued.

 

Federal Court Procedure:


5 Immediate Steps for Legal Representatives


Key Preparatory Tips


 Notice of Application


Appearance


Affidavits


Application Record


Remaining Procedure


Work Involved


Cross-examination


Is Your Case Not Being Processed?

Contact Us Today to Determine if Mandamus Is the Remedy for your Case

We have helped hundreds of applicants and their families when their cases and their lives were seemingly stalled for years awaiting a decision on a permanent or temporary visa application.  The solution was Mandamus. 

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