May 19, 2023

Why Immigration Relief Matters

It can not only be disappointing and surprising to receive a negative decision on an immigration application, but it can also leave individuals frustrated given the considerable time, and often expense, that goes into the preparation of such applications. Immigration applications also greatly impact the trajectory of people’s lives and their plans to study, work, or even permanently re-locate can be disrupted by an unexpected negative decision.

In light of this, while gaining relief from an unfavourable decision in the immigration context is extremely important, many may not be aware of the avenues available for relief or which may be most suitable in their circumstances. For example, while most refusals of an overseas spousal sponsorship may be challenged by an appeal to the Immigration Appeal Division (IAD), not every such decision can be and sometimes the only possible recourse is to the Federal Court of Canada. There are distinct procedures with different timelines to initiate the processes, so it is important to seek legal advice and begin research as early as possible. Please visit the “Urgent Cases” section on our website to learn more about the Federal Court and IAD.

Immigration relief is not only important to challenge negative or unfavourable decisions, but to hold decision-makers accountable for unfair or unreasonable decisions that either do not account for, or run contrary to, the applicable law and any information and evidence provided in support of the application. This may become more prevalent with the increasing use of AI in immigration decision-making, where seemingly generic or vague decisions are issued without relation to the evidence filed.

It is equally important to note that not only refusals of immigration applications can be challenged or appealed, but also other types of decision-making, such as removal orders, other enforcement decisions, and instances where applications are not processed for an extended period of time without explanation. Sometimes, the only effective recourse available to individuals is to seek relief and intervention from the IAD or the Federal Court.

Feel free to schedule a consultation with our office to learn more about the different types of recourse available in your particular situation.