The appeals against  Immigration Decisions may be referred to    Immigration Appeal Division or to the Federal Court for Judicial review

The following matters are reviewed by Immigration Appeal Division:

• refusal of a sponsorship application for members of the family class;
• removal orders made against foreign nationals who hold permanent resident visas;
• removal orders made against permanent residents and protected persons at an examination or admissibility hearing;
• Minister’s appeal of a decision made by a member of the Immigration Division and appeals of overseas decisions on loss of permanent resident status.

Judicial reviews by the Federal Court

The application  for the Judicial Review may not be made until any right of appeal that may be provided by Immigration and Refugee Protection Act  is exhausted

Anyone seeking the judicial review of a decision must first seek leave of the Court, i.e. permission to have the matter resolved by the Court at an oral hearing. Consequently, judicial review is a two-stage process. The first stage is the leave application that is decided via a paper-review process. If leave for judicial review is denied, the application is dismissed and proceeds no further because there is no right to appeal from this decision. If, however, leave is granted, the proceedings move on to the second stage.

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