If your immigration application to Canada gets refused, you have several options available. You may have options to challenge the visa officer’s decision by way of an appeal before the Immigration Appeals Division or by filing an application for Leave before the Federal Courts.

Appeals to the Immigration Appeal Division

In certain types of immigration cases a negative decision can be appealed to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board, which is an independent administrative tribunal. Such appeals are available to those who are citizens or permanent residents of Canada, or persons who have been granted refugee status.

Judicial Review Appeals at the Federal Court

Any immigration decision may be challenged by way of Judicial Review in the Federal Court of Canada. As examples, a decision made by a visa officer to refuse a skilled worker application, or a decision of a citizenship judge to reject a citizenship application, are both reviewable administrative decisions. This means that the Court can review the decision to decide whether it was lawfully made. Issues the Court will consider include whether the decision-maker acted legally and within jurisdiction, whether the decision was made using a fair procedure, and whether the decision was reasonable in light of the evidence.