immigration appeals

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If your immigration case has been refused, there are two possible ways to appeal the decision; either through the Immigration Appeal Division (IAD) of the Immigration and Refugee Board, or the Federal Court of Canada (FCC). The IAD handles appeals for family sponsorship, residency obligations, and removal orders, while the FCC handles a wide range of immigration application refusals.

The Federal Court is a Canadian trial court that hears cases arising under certain areas of federal law. The Federal Court is a court with nationwide jurisdiction.

Under Canada’s immigration law, you can ask the Federal Court of Canada to review decisions related to immigration. A lawyer must apply for judicial review on your behalf. Any Immigration related Application which comes under the (immigration & Refugee Protection Act – IRPA) and IRCC, can be appealed in Federal Court of Canada. There are exceptions; family sponsorship applications which are refused, are usually appealed / reviewed at IRB (Immigration and Refugee Board). This is a Tribunal which hears appeals of refused family sponsorship applications. This Tribunal also hears application of Refugee Claimants in Canada.

The Federal Court was created in 1971 under the authority of s. 101 of the Constitution Act, 1867 for the “better administration of the laws of Canada”. It is a successor to the Exchequer Court of Canada, established in 1875.

According to the Federal Courts Act, the Court consists of a Chief Justice and 36 other judges. At present, there are 37 full-time judges, along with seven supernumerary judges and six prothonotaries.

Until 2003, the Federal Court of Canada consisted of two divisions: an Appeal and a Trial Division. With amendments to the Federal Courts Act coming into force on July 2, 2003, these divisions became two separate courts: the Federal Court of Appeal and the Federal Court.

APPEALS
Days Documents Procedures
0 Notice of Appeal Issued within time allowed under statute, if any – rule 337; served within 10 days after issuance- rule 339(1) and proof of service filed within 10 days of service – rule 339(2); service on Attorney General or Minister deemed to take place when filed-rule 133
Request for tribunal materials Made in notice of appeal or otherwise – rule 350
10 Notice of Appearance or cross-appeal Served and filed within 10 days after service of the notice of appeal – rule 341(1)(a) or rule 341(1)(b)
30 Content of Appeal Books Within 30 days after filing of Notice of Appeal, file agreement in writing as to content of Appeal Books – rule 343(1) failing agreement, within 10 days of expiration of time, motion in writing to be filed for Court to determine content – rule 343(3);
40 Transcripts Proof of ordering transcripts / reproduction of exhibits filed within 10 days after filing agreement or order settling the content of appeal book – rule 343(4)
60 Preparation of Appeal Book Appeal Book served and filed 30 days after filing agreement or order settling the contents – rule 345; the cover shall be grey – rule 344(1)
90 Appellant’s Memorandum Served and filed within 30 days after filing an Appeal Book – rule 346(1); the cover shall be beige – rule 346(4)(a)
120 Respondent’s Memorandum Served and filed within 30 days after service of the Appellant’s memorandum – rule 346(2); to include memorandum as appellant by cross-appeal, if applicable – rule 346(3)(a); the cover shall be green – rule 346(4)(b)
150 Appellant’s Memorandum (cross-appeal) Served and filed within 30 days after service of the Respondent’s memorandum – rule 346(3)(b)
140 Requisition for Hearing Served and filed within 20 days after service of Respondent’s memorandum or expiration of time – rule 347(1)
Joint book of Authorities Filed 30 days before the hearing date – rule 348(1); the cover shall be burgundy; if parties file separate books, the covers shall be same colours as memorandums – rule 348(4)
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