A Canadian citizen or permanent resident may appeal a refused family class sponsorship application to the Immigration Appeal Division, except ineligibility due to misrepresentation, criminality, or non-compliance with specified immigration law provisions.

Individuals issued removal orders may appeal to the Immigration Appeal Division if they hold permanent resident status or are protected persons, unless excluded due to serious criminality, organized crime, or security-related inadmissibility.

Permanent residents found to have breached the residency obligation under section 28 of the Immigration and Refugee Protection Act may appeal to the Immigration Appeal Division to challenge the loss of permanent resident status.

The Minister of Public Safety can appeal favorable decisions by the Immigration Division or the Immigration Appeal Division, including cases involving admissibility, removal orders, or sponsorship approval, when public interest or legal error is cited.

Applicants must first request leave from the Federal Court before proceeding with judicial review; this preliminary stage involves a written submission assessed for legal merit without an oral hearing unless leave is granted.

If leave is granted, the judicial review proceeds to a formal hearing at the Federal Court, where a judge determines whether the immigration decision was unreasonable or procedurally unfair, without accepting new evidence.