Judicial Review in Federal Court

Has an application you have made to Immigration, Refugee, Citizenship Canada (IRCC) been refused?

Under Canada’s immigration law, you can ask the Federal Court of Canada for a review of decisions related to immigration. As lawyers, we can apply to the Court on your behalf. Certified Immigration Consultants are not permitted to apply to the Court for a judicial review.

There are strict deadlines associated with the judicial review process. For example, if IRCC has rejected your application from within Canada, you must file an application for a Federal Court review within 15 days after being notified of the decision.  If you are applying from outside Canada, you have 60 days after being notified of the decision to apply for leave.

Review by the Federal Court is a two-stage process. In the first stage, which is known as the “leave” stage, the Court reviews the documents related to your case. You must show the Court that an error was made in the decision, or the decision was not fair or reasonable. The Court does not make a determination of the merits of your claim; only that the matter is worthy of further review and argument. This decision for granting of leave is made without an oral hearing.

If leave is given, this means the Court has agreed to examine the decision in depth. At this second stage, called “application for judicial review,” we can attend an oral hearing before the Court on your behalf and explain why you believe the original decision was wrong.

If you receive a negative result on your immigration application and believe the decision was unfair or an error was made, please do not delay in contacting us.