Federal Court Proceedings

Almost any decision made by immigration official can be challenged in the Federal Court of Canada. The only exceptions are decisions that have a right of appeal to the Immigration Appeal Division (IAD), as described elsewhere. However, IAD decisions can be challenged in the Federal Court of Canada.

Challenges to the Federal Court usually take the form of an “application for judicial review.” There are strict timeframes for such applications, and the process is formal.

To appeal a decision of the Federal Court to the Federal Court of Appeal, a judge must certify a “question of general importance” for appeal.

Decisions of the Federal Court of Appeal can only be appealed to the Supreme Court of Canada, which must first grant leave to Appeal. In practice however, the Supreme Court of Canada rarely hears immigration cases.

Only licensed lawyers can represent individuals in Federal Court, or any other judicial court of law.  Speak to one of the qualified lawyers at Mamann, Sandaluk & Kingwell LLP if you require representation before the courts, for a consultation about your specific case.

Leaf Break