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Last verified: March 2026 · Source: justice.gc.ca← Back to IRPA ExplorerLast verified: March 2026 · Source: justice.gc.ca
PART 1: Immigration to CanadaDIVISION 9: Certificates and Protection of Information
§79

Appeal

Appeal

🍁 In Simple Terms

If you disagree with a court's decision in a security certificate case, you can only appeal to a higher court if the judge confirms that a major legal question of broad public importance is at stake. You can't appeal smaller, in-between decisions during the process.

Affects: Immigration applicants (economic, family, humanitarian)
Legal Text — IRPA Section 79

79 An appeal from the determination may be made to the Federal Court of Appeal only if the judge certifies that a serious question of general importance is involved and states the question. However, no appeal may be made from an interlocutory decision in the proceeding.

Amendment History (3)
2001, c. 27, s. 79
2002, c. 8, s. 194
2008, c. 3, s. 4
Related Subsections
s.79.1Effects of appeal

79.1 (1) Despite section 79, the Minister may, without it being necessary for the judge to certify that a serious question of general importance is involved, appeal, at any stage of the proceeding, any decision made in the proceeding requiring the disclosure of information or other evidence if, in the Minister’s opinion, the disclosure would be injurious to international relations, national defence or national security or endanger the safety of any person.Effects of appeal(2) The appeal suspends the execution of the decision, as well as the proceeding under section 78, until the appeal has been finally determined.

In Practice
Official Source: Justice Canada — IRPA s. 79 (authoritative, may differ from this display)
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