A refusal or a removal order is not always final, but the way to challenge it depends on what kind of decision it is, and every route has a short time limit. Some decisions can be appealed to the Immigration and Refugee Board. Most others can only be reviewed by the Federal Court, with the Court’s permission. Law Wise, based in Mississauga, reviews refusals, tells you which route applies and acts on appeals and judicial reviews.
Which route applies to your decision
- Refused family sponsorship. The sponsor can appeal to the Immigration Appeal Division (IAD).
- Removal order against a permanent resident, a protected person or the holder of a permanent resident visa. Appeal to the IAD, unless the Act removes the right of appeal.
- Decision made outside Canada that a permanent resident has not met the residency obligation. Appeal to the IAD.
- Refused refugee claim. In most cases, appeal to the Refugee Appeal Division (RAD).
- Most other decisions. Refusals of visitor visas, study and work permits, Express Entry and other economic applications, humanitarian and compassionate applications and pre-removal risk assessments cannot be appealed to the Board. They can be challenged only by an application to the Federal Court for leave and judicial review.
The time limits, as read on 10 October 2026
- IAD, sponsorship appeal: 30 days after receiving the decision and any written reasons
- IAD, removal order appeal: 30 days after receiving the removal order, or at the end of the admissibility hearing where the order is made there
- IAD, residency obligation appeal: 60 days after receiving the decision
- RAD, notice of appeal: 15 days after receiving the written reasons
- Federal Court, application for leave: 15 days for a matter arising in Canada, 60 days for a matter arising outside Canada
Sources: Immigration Appeal Division Rules, 2022, SOR/2022-277, r 15; Immigration and Refugee Protection Regulations, SOR/2002-227, s 159.91; Immigration and Refugee Protection Act, SC 2001, c 27, s 72(2)(b). Count from the day you were notified, and confirm the date for your own decision without delay.
Appeals to the Immigration Appeal Division
The IAD is a division of the Immigration and Refugee Board. It can allow an appeal, dismiss it or, in a removal case, stay the removal order on conditions. An appeal can succeed because the decision was wrong in law or fact, because the process was unfair, or, in many cases, because humanitarian and compassionate considerations justify relief in all the circumstances, taking into account the best interests of a child directly affected.
The Act limits these appeals in important ways:
- There is no appeal to the IAD where the person has been found inadmissible on grounds of security, human or international rights violations, sanctions, organized criminality or serious criminality. For this purpose serious criminality includes a crime punished in Canada by a term of imprisonment of at least six months.
- A sponsorship refusal based on misrepresentation cannot be appealed unless the person sponsored is the sponsor’s spouse, common-law partner or child.
- In a sponsorship appeal, the IAD cannot consider humanitarian and compassionate grounds unless the person is a member of the family class and the sponsor qualifies as a sponsor.
The residency obligation
A permanent resident must be physically present in Canada for at least 730 days in every five-year period. Certain days outside Canada also count, for example days spent accompanying a spouse, common-law partner or parent who is a Canadian citizen, or working full-time abroad for a Canadian business. A finding that the obligation was not met can be appealed, and humanitarian and compassionate factors are often central to those appeals.
Appeals to the Refugee Appeal Division
A claimant whose refugee claim was rejected by the Refugee Protection Division can usually appeal to the RAD on a question of law, of fact, or of both. Most appeals are decided on the written record without a hearing, and new evidence is allowed only if it arose after the rejection or was not reasonably available at the time.
- Notice of appeal: 15 days after you receive the written reasons.
- Appellant’s record: the Immigration and Refugee Board’s website gives 45 days from the day you received the decision. The regulation itself states 30 days and allows the RAD to extend the time. We confirm the exact date for each file.
- Reply: if the Minister intervenes, you have 15 days to reply to the Minister’s documents.
There is no appeal to the RAD where the decision states that the claim had no credible basis or was manifestly unfounded, where the claim was withdrawn or abandoned, for designated foreign nationals, or where the claim was referred as an exception to the Safe Third Country Agreement. In those cases the only review is in the Federal Court.
Judicial review in the Federal Court
Judicial review is not a second hearing of the application. The Court examines whether the decision was reasonable and whether the process was fair. It happens in two stages:
- LeaveYou file an application for leave, followed by written argument. A judge decides on paper whether the case can proceed.
- HearingIf leave is granted, a judge hears the application. If it succeeds, the usual result is that the decision is set aside and the matter is sent back to be decided again by a different decision-maker.
The Federal Court can also be asked to order a decision where an application has been delayed far beyond normal processing without explanation. This order is called mandamus. A further appeal to the Federal Court of Appeal is possible only if the judge certifies a serious question of general importance.
What to bring to a lawyer after a refusal
- the refusal letter or decision, and the date and way you received it
- the complete application as it was filed, including forms and documents
- any officer’s notes you have obtained, or your authorization for us to request them
- your passport and current immigration documents
- a short timeline of your immigration history
How Law Wise helps with appeals
- identifying the correct route and the deadline on the day you call
- assessing the strengths and weaknesses of the decision
- appeals to the Immigration Appeal Division, including sponsorship, removal order and residency obligation appeals
- appeals to the Refugee Appeal Division
- applications for leave and judicial review in the Federal Court
- advising on a fresh application where that is the better answer
You are not required to use a representative, and no representative can promise a result. Your file is handled by a Law Wise lawyer licensed by the Law Society of Ontario. Service is available in English, Urdu, Punjabi and Hindi, and, if you retain the firm, fees are explained and confirmed in writing before work starts.
Common questions about immigration appeals
Can I appeal a visa refusal?
Usually not to a tribunal. Refused visitor visas, study permits, work permits and most economic applications can be challenged only by asking the Federal Court for leave and judicial review. Often a new, stronger application is the more practical answer, and we will tell you which we recommend.
How long do I have to challenge a decision in the Federal Court?
An application for leave must be filed within 15 days if the matter arose in Canada and within 60 days if it arose outside Canada, counted from the day you were notified or became aware of the decision.
My spousal sponsorship was refused. What can I do?
As the sponsor, you can usually appeal to the Immigration Appeal Division within 30 days of receiving the refusal and reasons. If the refusal was for misrepresentation, the appeal is available only where the person sponsored is your spouse, common-law partner or child.
What happens if I miss a deadline?
The tribunals and the Court can extend time in some circumstances, but an extension is never automatic and must be asked for with reasons. Get advice immediately.
Does a judicial review give me the visa?
No. If the Court finds the decision unreasonable or unfair, it normally sends the application back for a new decision by a different officer. It does not approve the application itself.
Does filing an appeal or judicial review stop my removal?
Not always. Whether removal is stayed depends on the kind of proceeding and the stage it has reached, and in some cases a separate motion for a stay is needed. Ask at once if you have a removal date.
Speak with an immigration lawyer about a refusal
Your first consultation is free for 15 minutes, by appointment. Call us or send a message today, and tell us the date on the decision and the date you received it.
This page is general legal information, current as of 10 October 2026. Immigration programs and instructions change often, so confirm the current rules on the Immigration, Refugees and Citizenship Canada (IRCC) website. This page is not legal advice and does not create a lawyer-client relationship. For advice about your situation, please speak with a lawyer.