Immigration Appeals and Judicial Reviews Lawyers Vancouver

Immigrating to Canada can be a complicated process, especially if the government treats you unfairly. Luckily, most negative decisions can be challenged.

We have extensive immigration litigation experience in having negative decisions overturned by seeking appeals at the Immigration and Refugee Board or judicial reviews at the Federal Court.

At Border Solutions Law Group in Vancouver, our Vancouver appeals and judicial reviews lawyers help clients challenge decisions from

• Canadian Border Services Agency
• Immigration, Refugees and Citizenship Canada
• Immigration and Refugee Board
• Service Canada (Employment and Social Development Canada)

Do not let a refusal or other adverse decision made by the government stop you from being in Canada. We work with individuals in high-stakes situations, including those who have lost their permanent resident status or have had the sponsorship of their spouse or child denied.

Our team will ensure you understand the hearing process, submit your evidence, prepare you for the hearing, and more. Contact our Canadian immigration lawyers to schedule a consultation about your situation.

When Can You Appeal An Immigration Decision?

Appeals are heard by specialized divisions of the IRB, mainly the Immigration Appeal Division (IAD) and the Refugee Appeal Division (RAD). The IAD can hear different kinds of immigration appeals, including refused family sponsorships, some removal orders, and residency obligation decisions affecting permanent residents.

For example, you may have a right of appeal if:

• A spousal, partner or other close family sponsorship under the family class has been refused.
• You are a permanent resident who received a removal order after an admissibility hearing or after being examined by an officer, and you meet the criteria to appeal to the IAD.
• An overseas visa office decided that you did not meet your permanent resident residency obligation when you applied for a travel document, which puts your permanent resident status at risk.

In these immigration appeals, the IAD generally has broad powers. It can look at the law, the facts and, in many cases, humanitarian and compassionate considerations such as hardship to family members in Canada. It can allow the appeal, dismiss it, or, in some circumstances, stay the effect of a removal order on conditions.

Our Canadian appeals and judicial reviews lawyers help sponsors, permanent residents, and other affected individuals understand whether they have a right of appeal, what issues the IAD can consider, and what kinds of outcomes are possible. We also coordinate with our permanent residency and family class permanent residency lawyers so that your appeal strategy supports your long-term plans in Canada.

What Is A Judicial Review In Federal Court?

Not every immigration decision can be appealed. Many temporary and permanent applications can only be challenged by asking the Federal Court of Canada to conduct a judicial review.

A judicial review is different from a full appeal. The Court does not hold a new hearing with witnesses or replace the immigration decision with its own. Instead, it examines whether the decision maker acted fairly and reasonably under Canadian law.

For most immigration decisions made in Canada, there are short deadlines to start a judicial review. You usually must file a Notice of Application in the Federal Court within a matter of days, then complete additional steps if you want the Court to consider your case.

Recent practice updates have also affected some timelines, which makes it important to get current legal advice from an immigration lawyer on the deadlines that may apply to your situation.

Judicial reviews are commonly used to challenge:

• Refusals of temporary applications such as study permits, work permits, and visitor visas
• Refusals of permanent residence applications where no appeal is available
• Negative decisions on humanitarian and compassionate applications, or on certain refugee and inadmissibility matters

Our Canadian immigration litigation team prepares judicial review files by analyzing the record that was before the decision maker, identifying legal and procedural errors, and drafting detailed written arguments. If you have been found inadmissible to Canada, our Vancouver financial inadmissibility lawyers, medical inadmissibility lawyers, or criminal inadmissibility lawyers can work collaboratively to help you appeal the decision in the most appropriate fashion.

If the Court grants leave, we may then present oral submissions before a judge. If the judicial review succeeds, the usual remedy is that the decision is set aside and sent back to a different decision maker for redetermination.

Choosing Between An Appeal And A Judicial Review

One of the first questions our Vancouver appeals and judicial reviews lawyers ask is whether you have an appeal right, a right to seek judicial review, or both. Each path has its own advantages and limitations.

Appeals at the IAD or RAD can sometimes consider new evidence that was not before the original decision maker. The tribunal may also consider humanitarian and compassionate arguments in certain types of appeals, for example, where allowing the appeal would avoid unusual hardship to family members in Canada.

Judicial reviews usually focus on the information that was in front of the original officer or tribunal. The Federal Court is primarily concerned with whether the decision was procedurally fair and whether the reasons were reasonable in light of the law and the evidence.

In some cases, you may not have a choice at all because the law directs which route is available. In other situations, there may be strategic decisions to make, such as whether to seek judicial review, file a stronger new application, or pursue both strategies at different stages if the legislation allows it. Our legal team can explain these options to you in plain language so you can decide how to move forward.

Talk To Our Appeals And Judicial Reviews Lawyers In Vancouver

If you have received a refusal, a removal order, a loss of status decision, or another negative immigration outcome, timing matters. Appeal and judicial review deadlines can be very short, and missing them can limit your options.

Our Canadian appeals and judicial reviews lawyers at Border Solutions Law Group are here to help you understand your rights and decide how best to challenge an unfair or unreasonable decision. To discuss your situation, call (604) 684-4211 or contact us through our online consultation form. We advise clients in British Columbia, across Canada and internationally who need experienced guidance with Canadian immigration appeals and judicial reviews.

Border Solutions Law Group proudly serves individuals, families, and businesses in Vancouver and across North America.

We provide straightforward guidance and practical next steps for cross-border matters, with a focus on clear communication and efficient planning from start to finish.

Let us help you with your legal needs. Our legal team will be pleased to assist.

Vancouver, BC Office:
Suite 408 – 837 West Hastings St.
Vancouver, BC V6C 3N6