What is the FCA?

The Federal Court of Appeal (FCA) is the second-level federal court — sitting above the Federal Court and below the Supreme Court of Canada in the federal court hierarchy.

In immigration matters, the FCA hears appeals from Federal Court judicial-review decisions, but only in certified questions — questions of general importance that transcend the individual case.

The certified-question gate

Section 74(d) of IRPA limits FCA appeals from Federal Court IRPA decisions to cases where:

• The Federal Court judge has certified a serious question of general importance
• The question must arise from the judge's reasoning in the JR decision
• The question must transcend the individual applicant's situation

Without certification, the Federal Court's JR decision is final — no FCA appeal is available.

Why certified questions matter

Certified questions are how immigration law develops in Canada. Major immigration jurisprudence (e.g., the Vavilov reasonableness framework, the application of Charter rights to refugee claimants, etc.) has been shaped through certified questions reaching the FCA and SCC.

What FCA cannot do

• Review Federal Court decisions where no question was certified
• Re-decide the underlying facts (FCA reviews legal questions, not factual ones)
• Grant interim relief on appeal (the Federal Court's stay decisions stand unless overturned)

Practical implications

For most applicants, the Federal Court is the final stop. FCA appeals are rare — typically one or two dozen immigration cases per year reach the FCA. SCC immigration appeals are even rarer (a handful per year).

What this means for your file

If your case has a Federal Court JR pending, the focus is on winning at that level. FCA appeals are a long-tail backup option that requires the Federal Court judge to flag your case as raising a question worth the appellate court's attention. This is not something the applicant requests directly — it's decided by the Federal Court judge as part of the JR decision.