Appealing an In-Canada Spousal Sponsorship Refusal to the Federal Court of Canada with Judicial Review
If your in-Canada spousal sponsorship application has been refused by Immigration, Refugees and Citizenship Canada (IRCC), you may be feeling devastated and hopeless. However, there is still hope. You can appeal the decision to the Federal Court of Canada through judicial review.
Here’s what you need to know:
What is Judicial Review?
Judicial review is a legal process that allows a court to review the decision-making process of an administrative body, such as IRCC, to determine if it was conducted fairly and in accordance with the law. If the court finds that the decision was unfair or illegal, it may order a reconsideration of the application.
Who can Appeal through Judicial Review?
Only applicants who have had their in-Canada spousal sponsorship application refused can appeal through judicial review. Those who applied for out-of-Canada sponsorship can appeal to the Immigration Appeal Division (IAD).
When to File for Judicial Review?
After receiving a refusal letter from IRCC, you have 15 days to file an application for judicial review to the Federal Court of Canada. It is crucial to act quickly, as missing the deadline can result in losing the right to appeal.
What to Expect During the Judicial Review Process?
The judicial review process involves submitting legal arguments and evidence to the Federal Court of Canada to support your claim that IRCC’s decision was unlawful or unreasonable. The court will then review the evidence and make a decision.
It is essential to work with a qualified spousal sponsorship lawyer during the judicial review process. They can help you prepare a strong case, navigate the legal system, and increase your chances of success.
How Long Does the Judicial Review Process Take?
The judicial review process can take several months, sometimes even years. The timeline depends on the complexity of the case and the court’s workload.
Final Thoughts
If your in-Canada spousal sponsorship application has been refused, do not lose hope. You can appeal the decision through judicial review. Working with a qualified spousal sponsorship lawyer can help you prepare a strong case and increase your chances of success. Remember to act quickly and file for judicial review within 15 days of receiving the refusal letter from IRCC.