Application for Judicial Review

The Federal Court may judicially review a variety of decisions including temporary residence and permanent residence decisions, as well as decisions of appeals by the Immigration Appeal Division (IAD) or Refugee Appeal Division (RAD). A judicial review application is not the same thing as an appeal, as the Court has very specific jurisdiction to consider factual, legal, and jurisdictional errors.

The first step is to file for “leave” within 15 days for a decision made within Canada, or 60 days for a decision made outside of Canada.  Applying for leave is essentially asking the Court for permission to bring a case forward to a hearing before a Federal Court Judge. The application for leave is extremely important as the Court will decide whether there are grounds for a judicial review, and allow you to proceed to the hearing stage. If you are successful, the Federal Court will usually refer the case back for reconsideration by a different officer or decision-maker. If your case is dismissed, the original decision will be upheld. You should discuss with an immigration specialist whether it is worth pursuing judicial review based on your particular circumstances and what was presented in your application. These applications require extensive expertise in immigration law, regulations, procedures, and case law, so it is highly recommended that you seek the help of an experienced lawyer.