Under Canada’s immigration law, you can ask the Federal Court of Canada to review immigration decisions.
If you receive a refusal from the Immigration, Refugee and Citizenship of Canada (IRCC) but have no right of appeal or have exhausted your right of appeal, you may consider applying for leave and judicial review.
There are deadlines to apply for a review. An application for leave and for judicial review may be served on the other party and filed with the registry of the Court within 15 days (for a matter arising in Canada) OR 60 days (for a matter arising outside Canada) after the day on which an applicant is notified of or becomes aware of the matter to be reviewed. If you want to apply for a review, you may want to get legal advice as soon as possible.
Our immigration lawyers at Canadian Currents Immigration in Vancouver can help you in the event the decision you received was not fair or reasonable, or that there was an error.
Distinction between an appeal and judicial review
The IRPA provides two levels of review of decisions made under the Act: review by way of statutory appeal to the IAD and review by the Federal Court.
Family reunification sponsors, permanent resident visa holders, permanent residents and protected persons have a right to appeal adverse decisions to the IAD. Included in these provisions is the Minister of PSEP’s right to appeal to the IAD a decision made by the Immigration Division (ID) at an admissibility hearing.
In all other cases, where no statutory right of appeal exists or those rights have been exhausted, there is a right to seek judicial review of any decision made pursuant to the IRPA by filing an application for leave and judicial review to the Federal Court.
How do judicial review work?
A review by the Federal Court is a 2-stage process:
- leave stage
- judicial review stage.
Stage 1: Leave
In the first stage, called the leave stage, the Court reviews the documents about your case. You must show the Court that the decision was not fair or reasonable, or that there was an error.
If the Court gives leave, it means it agrees to examine the decision in depth. The Court will set a date for hearing of the application for judicial review / provides timelines for production of the tribunal record and filing by parties of any additional documents.
If leave is refused, decision cannot be appealed.
Stage 2: Judicial review
The second stage is called the judicial review. At this stage, you (with or without a lawyer) can attend an oral hearing before the Court and explain why you believe the original IRB decision was wrong.
Our legal team at Canadian Currents Immigration will manage the entire appeals process:
- We will file an application in the federal court to inform the court of your intention to appeal.
- We will file a Memorandum of Fact and Law outlining the reasons for the appeal.
- We will await the court to review your submissions and case documentation.
- If the court decides you have grounds for an appeal, “leave” is granted.
- We will attend any hearing and rigorously advocate by articulating the precise and individualized reasons why we think the original decision should be overturned.
Judicial review hearing
The hearing must be held no sooner than 30 days and no later than 90 days after leave was granted, unless the parties agree to an earlier date. The hearing provides the parties with an opportunity to present oral submissions with respect to the judicial review application.
If you are represented by a lawyer, you do not need to attend but you may choose to do so. The judgment on the judicial review application may be delivered from the bench or at a later date.
Outcome of Judicial Review
Judicial review is a reconsideration of the decision in question, not an appeal. The Court can’t make a new decision and can’t interfere with a decision that is supported by proper evidence — even if the Court might have reached a different conclusion on those facts.
If the Federal Court grants your judicial review application, it may refer your case back to the tribunal so that it may be reconsidered by a different immigration officer.
Judicial review in Vancouver
If you receive a decision against you and you have no right of appeal exists or those rights have been exhausted, you may consider filing a leave and judicial review.
Our immigration appeals lawyers at Canadian Currents Immigration will first work with you to understand the issues and why the decision against you was made. Then we will advise you whether your case have grounds to file a judicial review to the federal court.
Start with a confidential 30-minute consultation with a Canadian Currents Immigration immigration appeals lawyer in Vancouver.
Call us now to book a time: 778-331-1164.