Immigration Litigation Lawyers in Vancouver & Toronto
When IRCC refuses your application, CBSA issues a removal order, or you are called to a hearing before the Immigration and Refugee Board, the next step is often litigation. Immigration litigation is the process of challenging those decisions before a tribunal or the Federal Court of Canada, and the deadlines can be as short as 15 days.
Titan Law’s immigration litigation lawyers represent clients at every level: the Immigration Appeal Division, the Immigration Division, the Refugee Appeal Division and the Federal Court. From our offices in Vancouver and Toronto, we handle appeals, judicial reviews, admissibility and detention hearings, stays of removal and mandamus applications across Canada.
What Is Immigration Litigation?
Immigration litigation in Canada covers every formal challenge to an immigration decision. Decisions made by Immigration, Refugees and Citizenship Canada (IRCC), the Canada Border Services Agency (CBSA) and the Immigration and Refugee Board (IRB) can all be contested, but where and how depends on the decision.
Canada has no single “immigration court”. Instead, an immigration court lawyer in Canada works at two levels:
- Tribunals of the Immigration and Refugee Board. The Immigration Appeal Division, the Immigration Division and the Refugee Appeal Division hold hearings, take evidence and make decisions on appeals, admissibility and detention.
- The federal courts. The Federal Court of Canada reviews decisions made by IRCC, CBSA and the IRB. In rare cases, a matter continues to the Federal Court of Appeal and the Supreme Court of Canada.
Our clients include sponsors whose family members were refused, permanent residents facing a removal order, temporary residents refused a visa or permit, people held in immigration detention, and individuals and businesses waiting far too long for an IRCC decision.
Which Court or Tribunal Hears Your Case?
The forum and the deadline depend on the type of decision. Missing a deadline can end your right to challenge the decision, so check yours today.
Your situation | Where it is decided | Deadline |
|---|---|---|
Family Class sponsorship refused (e.g. outland spousal sponsorship) | Immigration Appeal Division | 30 days after you receive the refusal |
Removal order against a permanent resident, PR visa holder or protected person | Immigration Appeal Division (unless barred, e.g. for serious criminality) | 30 days after you receive the removal order |
Permanent resident found not to meet the residency obligation | Immigration Appeal Division | 60 days after you receive the decision |
Section 44 report referred for a hearing | Immigration Division — admissibility hearing | Your hearing date |
Held in immigration detention | Immigration Division — detention review | Within 48 hours, then 7 days, then every 30 days |
Refugee claim refused by the Refugee Protection Division | Refugee Appeal Division | 15 days after you receive the written reasons |
IRCC refusal with no right of appeal (visa, permit, PR, inland spousal, H&C) | Federal Court — judicial review | 15 days if decided in Canada; 60 days if decided outside Canada |
Decision of the IAD, ID or RAD | Federal Court — judicial review | 15 days |
A removal date has been set | Federal Court — motion for a stay of removal | Before the removal date |
IRCC has delayed your application far beyond normal processing times | Federal Court — mandamus | No fixed deadline |
Not sure which applies to you? Send us the decision and we will tell you your options and your deadline.
Immigration and Refugee Board (IRB) Proceedings
The Immigration and Refugee Board is Canada’s largest independent administrative tribunal. Its divisions hold hearings much like a court: you present evidence, call witnesses and make legal arguments, and a member decides your case. Thorough preparation before the hearing is what wins most IRB cases.
Immigration Appeal Division (IAD)
The IAD hears four types of appeals:
- Sponsorship appeals, when a Family Class sponsorship application, such as an outland spousal sponsorship, is refused
- Removal order appeals by permanent residents, protected persons and foreign nationals holding a permanent resident visa
- Residency obligation appeals by permanent residents found to have spent too little time in Canada
- Minister’s appeals, when the government challenges a favourable decision of the Immigration Division
An IAD appeal is a new hearing. You can file new evidence and testify, and in most appeals the IAD can also consider humanitarian and compassionate factors, such as your family in Canada, your establishment here and the best interests of any children affected. Some removal order appeals are barred, for example where the person was found inadmissible for serious criminality. Learn more about how we appeal an immigration refusal and defend deportation and removal orders.
Immigration Division (ID)
The Immigration Division decides two kinds of cases:
- Admissibility hearings. When CBSA or IRCC writes a section 44 report alleging that a permanent resident or foreign national is inadmissible, for criminality or misrepresentation, for example, the case may be referred to the ID. The outcome can be a removal order, so representation matters from the start. See our admissibility hearings page.
- Detention reviews. Anyone held in immigration detention is entitled to a review within 48 hours, again within 7 days, and at least every 30 days after that. We act quickly to propose release conditions and alternatives to detention. See detention reviews.
Refugee Appeal Division (RAD)
The RAD reviews decisions of the Refugee Protection Division. A notice of appeal must be filed within 15 days of receiving the written reasons. Where the RAD rejects an appeal, the next step is usually judicial review in the Federal Court.
Immigration Litigation in the Federal Court of Canada
The Federal Court is where most immigration decisions without a right of appeal are challenged. It reviews decisions of IRCC officers, CBSA and the IRB, and it can order the government to act. The Federal Court has registry offices across the country, including in Vancouver and Toronto. A Federal Court immigration lawyer prepares the written record, argues your case at the hearing and, when removal is imminent, brings urgent motions.
Judicial Review
An application for leave and judicial review in the Federal Court has two stages:
- Leave. You file the application within 15 days of a decision made in Canada, or 60 days if it was made outside Canada, then a written record setting out the errors in the decision. A judge decides on paper whether the case deserves a full hearing.
- Hearing. If leave is granted, your lawyer argues the case before a judge at a hearing, normally scheduled 30 to 90 days after leave is granted.
The Court does not reweigh the evidence or decide the application itself. It asks whether the decision was reasonable and whether the process was fair. If you win, the decision is set aside and your case is sent back to be decided again, usually by a different officer or member.
Stay of Removal in the Federal Court
If you have received a removal order in Canada, time matters. Filing for judicial review does not, in most cases, stop removal from Canada. If CBSA has scheduled your removal, we can bring an urgent motion asking the Federal Court to stay it while your case is decided. The Court considers whether there is a serious issue to be tried, whether you would suffer irreparable harm if removed, and whether the balance of convenience favours you. Timing is critical: our deportation lawyers in Vancouver and Toronto often prepare these motions within days. See deportation and removal orders.
Mandamus: When Your IRCC Application Is Taking Too Long
When IRCC has delayed a decision far beyond normal processing times without a satisfactory explanation, a mandamus application in Canada asks the Federal Court to order IRCC to decide. Mandamus can be effective for long-stalled permanent residence, sponsorship, citizenship and work permit files. Before going to court, our mandamus lawyers usually send IRCC a formal demand for a decision, and a lawyer’s letter alone sometimes ends an IRCC processing delay. Read our guide to mandamus for a delayed IRCC application.
Federal Court of Appeal and Supreme Court of Canada
In immigration cases, a Federal Court judgment can be appealed to the Federal Court of Appeal only if the judge certifies a serious question of general importance. A further appeal to the Supreme Court of Canada requires leave. These appeals are rare, but they shape immigration law for everyone.
Appeal vs Judicial Review: What’s the Difference?
Appeal (IAD or RAD) | Judicial review (Federal Court) | |
|---|---|---|
Who decides | A member of the IRB tribunal | A Federal Court judge |
What is decided | The case itself, on its merits | Whether the decision was reasonable and fair |
New evidence | Generally allowed (limits apply at the RAD) | Generally not allowed |
Humanitarian factors | Can be considered in most IAD appeals | Not considered by the Court |
If you win | The tribunal can make a new decision in your favour | The decision is sent back to be decided again |
Deadline | 15 days (RAD), 30 or 60 days (IAD) | 15 days in Canada, 60 days outside Canada |
If you have a right of appeal, it usually must be used before you can go to the Federal Court. Choosing the wrong route, or missing the right one, can cost you the case.
Recent Federal Court Win: Guevara Robles v. Canada, 2026 FC 1134
On September 9, 2026, the Federal Court of Canada set aside a decision of the Immigration Appeal Division in Guevara Robles v. Canada (Citizenship and Immigration), 2026 FC 1134, and sent the matter back for reconsideration. Titan Law’s team worked on this complex case, which had passed through four divisions of the IRB: the Refugee Protection Division, the Refugee Appeal Division, the Immigration Division and the Immigration Appeal Division. The central question was whether findings made in earlier refugee proceedings must be treated as conclusive in later inadmissibility proceedings when tribunals reach conflicting conclusions on substantially the same facts. Read the full case summary.
Clients rate Titan Law 4.9 out of 5 on Google, based on 74 reviews. “Stanley’s document preparation and narrative was crystal clear for our not so easy circumstances.” — Winston T., Google review
Why Choose Titan Law for Immigration Litigation
- Litigation is a core practice, not an add-on. As an immigration litigation firm, we appear before the IRB and the Federal Court and handle the full path from a first refusal to judicial review.
- Experience with difficult files. Conflicting tribunal decisions, inadmissibility, misrepresentation and long procedural histories: see our approach to complex immigration cases.
- Built for deadlines. Book a free 30-minute case review and send us your decision: our team reviews your documents in advance, explains your options and tells you when you must act.
- Two offices, national reach. Meet with an immigration litigation lawyer in Vancouver or an immigration litigation lawyer in Toronto, or work with us remotely from anywhere in Canada or abroad.
- Service in nine languages. Consultations in English, French, Spanish, Mandarin, Cantonese, Russian, Ukrainian, Korean and Japanese.
Our litigation team:
- Munpreet Sandhu — judicial reviews and stay motions in the Federal Court of Canada
- Stanley Chiu, Director — Immigration and Refugee Board and BC courts; called to the bar in British Columbia and Ontario
- Sameera Ismail, Director — immigration law and litigation
- Leo Chan, Toronto — Immigration and Refugee Board proceedings; Cantonese and Mandarin
Our offices
- Vancouver: 1500 West Georgia Street, Suite 656, Vancouver, BC V6G 2Z6
- Toronto: 2 Bloor Street West, Suite 762, Toronto, ON M4W 3E2
Received a Negative Decision? What to Do Now
- Find your deadline. Note the date you received the decision. Most deadlines run from that date, and some are only 15 days.
- Keep every document. Save the decision letter, the reasons and any notices from IRCC, CBSA or the IRB. The officer’s notes often reveal what went wrong.
- Don’t reapply in a rush. A quick new application can repeat the same problem or weaken a stronger challenge. Get advice first.
- Speak to an immigration litigation lawyer. We will tell you whether to appeal, seek judicial review, reapply or take another route.
Immigration Litigation FAQs
An appeal, to the Immigration Appeal Division or the Refugee Appeal Division, decides your case again on its merits, usually with new evidence. Judicial review in the Federal Court does not decide your case. It checks whether the original decision was reasonable and made fairly, and if not, sends it back to be decided again.
Deadlines are short and strict. You generally have 15 days to seek judicial review of a decision made in Canada, or 60 days if it was made outside Canada. IAD appeals must be filed within 30 days for sponsorship refusals and removal orders, and within 60 days for residency obligation decisions. RAD appeals must be filed within 15 days.
It depends on the forum. In the Federal Court, a leave decision typically takes a few months, and if leave is granted the hearing is normally held within 30 to 90 days. IAD appeals can take longer because of hearing schedules.
First, check IRCC’s current processing times for your application type and make sure IRCC has everything it asked for. If your file is well beyond normal times with no explanation, a lawyer can send IRCC a formal demand for a decision. If that does not work, a mandamus application asks the Federal Court to order IRCC to decide your application.
Not automatically. Filing for judicial review does not, in most cases, stop a scheduled removal. If CBSA has set a removal date, your lawyer can ask the Federal Court for a stay of removal until your case is decided. Some IAD appeals, such as removal order appeals, keep the removal order from being enforced while the appeal is pending.
No. Decisions made outside Canada, such as visitor visa, study permit and work permit refusals at visa offices abroad, can also be challenged in the Federal Court. The deadline is 60 days. Your lawyer files and argues the case in Canada on your behalf.
The Court sets aside the decision and sends your case back to be decided again, usually by a different officer or tribunal member, who must take the Court’s reasons into account. The Court does not normally grant the visa or status itself, but the new decision-maker cannot repeat the error the Court identified.
It depends on the type of proceeding and how far the case goes. Start with a free 30-minute case review: our team looks at your decision and gives you a quote for legal services. For detailed legal advice, you can book a one-hour consultation with a lawyer.
