When an immigration or refugee application is refused, clients often ask: “Can I appeal this decision?” The truth is, not all refusals are appealable — but many can be challenged through judicial review at the Federal Court of Canada. Understanding the distinction between an appeal and a judicial review is critical to choosing the right legal path.
What Is an Appeal?
An appeal allows a higher authority to re-decide the case, often by reviewing both facts and law. Certain immigration decisions — such as sponsorship refusals or residency obligation determinations — can be appealed to the Immigration Appeal Division (IAD). In an appeal, new evidence can be introduced, and witnesses may testify.
What Is a Judicial Review?
A judicial review is not a new hearing. It is a process where the Federal Court examines whether the original decision was lawful, reasonable, and procedurally fair. The Court does not substitute its own view — it ensures that decision-makers respected the rule of law.
If the Court finds the decision unreasonable, it can set it aside and send it back to be reconsidered by a different officer or tribunal member.
Which Option Applies to You?
- Refugee Claims: Rejected refugee claims may be appealed to the Refugee Appeal Division (RAD), unless the claim was deemed ineligible or manifestly unfounded.
- Visa Refusals, PR Applications, Work/Study Permits: These typically go directly to Federal Court via judicial review.
- Admissibility / Removal Orders: Certain cases go to the IAD, while others require judicial review depending on the context.
Strategic Considerations
The success of judicial review depends on strong legal argumentation. Counsel must identify specific errors in reasoning, breach of fairness, or disregard for evidence. My approach is always strategic and evidence-driven — focused on precision, not volume.
Final Thought
Both appeals and judicial reviews are essential checks on administrative power. Choosing the right one can mean the difference between permanent refusal and a second chance at justice.