Judicial Review, Immigration Appeal Division (IAD), Refugee Appeal Division (RAD)

In the Canadian immigration legal system, not every decision is "appealable" in the conventional sense. Depending on the type of case and the decision, applicants may have access to different legal mechanisms to challenge or request a review of an unfavorable decision.

According to current regulations, there are three main mechanisms:

• Judicial Review (Judicial review in the Federal Courts of Canada)
• Immigration Appeal Division (IAD)
• Refugee Appeal Division (RAD)

In addition, there are other special procedures such as H&C and PRRA, but these are not considered appeals under the law.

1. Judicial Review - Judicial review in the Federal Courts

Legal nature

Judicial Review is a judicial review process in which the Federal Court of Canada examines the legality, reasonableness, and procedural fairness of a decision issued by an administrative agency, such as:

• Immigration, Refugees and Citizenship Canada (IRCC)
• Immigration and Refugee Board of Canada (IRB)

⚠️ Judicial Review is not an appeal : The court does not re-examine the case from the beginning, nor does it replace the officer's decision, but only considers whether that decision:

• Misapplication of the law or not?
• Violation of the principle of procedural fairness.
• Or seriously unreasonable by legal standards.

When to use Judicial Review?

Judicial review is often used when:

• The law does not allow appeals at IAD or RAD.
• The applicant wishes to appeal the decision of IRCC or IRB.

The basic procedure under the Federal Courts Act and Federal Court guidelines:

1. Application for Leave and for Judicial Review

• You must submit your leave request before the deadline:
  • 15 days from the date of receiving the decision (if in Canada)
  • 60 days (if outside Canada)

2. Leave stage

• The judge reviews the case in writing.
• There is no default hearing.
• If no permit is granted → the case ends.

3. Judicial Review Hearing (if authorized)

• There may be a hearing.
• The court issued a ruling.

Possible outcomes

• Maintain the original decision.
• Alternatively, the decision can be overturned, and the issuing authority can be asked to review the case (usually by a different official).

2. Immigration Appeal Division (IAD)

Processing agency

IAD is a division of the Immigration and Refugee Board of Canada (IRB).

IAD's jurisdiction

Under the Immigration and Refugee Protection Act (IRPA), IAD handles appeals in the following main cases:

• Refusal to sponsor family members (spouse, children, parents, etc.)
• Appealing the deportation order.
• Appeal against the decision to lose permanent resident status due to failure to meet residency requirements.

Procedure

1. Notice of Appeal

• The application must be submitted within 30 days of receiving the decision.

2. Prepare documents and evidence.

• This may include new documents.
• Humanitarian factors and personal circumstances can be presented.

3. Hearing

• The appellant has the right to present their case in person.
• A lawyer or authorized representative may be present.

4. IAD's Decision

• Accepting the appeal
• Uncle appealed.
• Or allow stay in Canada for humanitarian and compassionate reasons (H&C considerations)

3. Refugee Appeal Division (RAD)

Function

• RAD considers appeals against certain refugee status denial decisions issued by the Refugee Protection Division (RPD), where permitted by law.

Procedure

1. Notice of Appeal

• The application must be submitted within 15 days of receiving the decision.

2. Review the documents

• Primarily based on paper records.
• RAD rarely holds hearings.

3. RAD's Decision

• The decision remains unchanged.
• Cancel the decision.
• Or replace it with a new decision within the legally prescribed authority.

Other procedures (not appeals)

1. Humanitarian and Compassionate (H&C) Application

• This is an application for special consideration under Article 25 of the IRPA.
• This is not an appeal.
• Based on humanitarian circumstances, the best interests of the child, and other special factors.
• Reviewed by IRCC

2. Pre-Removal Risk Assessment (PRRA)

• Applicable to individuals facing deportation.
• Assess the risk of:
  • Torture
  • Cruel treatment
  • It is life-threatening if you are sent back.
• It's not an appeal; it's an independent legal process.

KeyApply's team of lawyers and working principles

KeyApply collaborates with a team of licensed immigration lawyers in Canada who have practical experience in handling complex immigration cases and strictly adhere to the professional ethical standards required by Canadian law.

Throughout the application process, clients work directly with the assigned lawyer, receiving clear explanations of their legal rights, obligations, and options tailored to their specific circumstances, without any intermediaries.

We are committed to transparent and clear pricing from the outset, fully detailed in the service contract. All fees are explained in detail, allowing clients to be proactive and confident throughout the entire process.

With a professional approach and respect for the law, KeyApply places transparency, professional ethics, and the legitimate rights of clients at the foundation of all its legal consulting and support services.

Legal Note

Each mechanism has its own strict deadlines and legal requirements. Choosing the wrong path or submitting late can completely void the right to reconsider.

Contact KeyApply for personalized advice tailored to your specific case and guidance on the right legal channels from the outset, based on official Canadian government regulations.

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