A negative immigration or refugee decision is not always the end of the road, but the options narrow quickly. The single most important step is to identify, the same week, which decision you received and which deadline applies.
1. Identify the decision-maker
Was the decision made by the Refugee Protection Division, the Refugee Appeal Division, an IRCC officer, a CBSA officer or the Immigration Appeal Division? The remedy depends on who decided.
2. Check the deadline
- Refugee Appeal Division: a notice of appeal is generally due within 15 days of receiving the written reasons, and the full appeal record within 30 days.
- Federal Court judicial review: generally 15 days for a decision made in Canada, and 60 days for a decision made outside Canada.
- Immigration Appeal Division (sponsorship refusals): generally 30 days after receiving the refusal.
3. Consider the alternatives
Sometimes a new application, a request for reconsideration, a pre-removal risk assessment or a humanitarian and compassionate application is a better route than an appeal. Each has its own requirements and timing.
4. Gather your documents
Bring the decision, the reasons, your application or Basis of Claim form, and any correspondence. If there was a hearing, note the date. The recording or transcript may be needed.
5. Get advice early
Deadlines rarely allow time to wait. Book a consultation as soon as the decision arrives. Read more about refugee appeals and Federal Court judicial review.
This article is general information, not legal advice. Every situation is different. Contact UMPC Law for advice about your matter.
