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Showing posts from March, 2013

Appeals vs. Judicial Review Applications

Filipiniana News – March  2013 RHYME & REASON Since most immigration applications are submitted without legal representation, it is often only when these applications are refused that the applicants will decide to seek the legal services of an immigration lawyer.  The first question asked of the lawyer is, can we appeal the negative decision?  It must be noted that there are limited types of immigration decisions that can be appealed with the Immigration Appeal Division of the Immigration and Refugee Board (IRB).   Most immigration decisions however, can be elevated to the Federal Court via an application for leave and judicial review.  What is the difference between these two legal remedies?  Isn’t the Federal Court application also a form of appeal?   In the sense that it gives a further chance to be heard by another decision maker, yes, it may be considered a form of “appeal”.  Under Canadian immigration law however, an appeal is distinct from a Federal Court jud