Application for Leave and Judicial Review Process
Application for Leave and Judicial Review Process
Judicial review in the Canadian immigration system is a legal process where the Federal Court reviews a decision made by an immigration officer, board, or tribunal to ensure it was made according to law. This process does not re-assess the facts of your case or the evidence you submitted; instead, it focuses on whether the decision was made in a procedurally fair manner, was within the decision-maker’s authority, and was not unreasonable. Applying for a judicial review of your Canadian immigration application involves challenging a decision made by Immigration, Refugees and Citizenship Canada (IRCC) or the Immigration and Refugee Board (IRB) in the Federal Court of Canada. This process is complex and typically requires the assistance of a lawyer, preferably one who specializes in immigration law.
How to start?
Please begin the process of handling your matter with the Federal Court of Canada by providing us with the necessary documents. Here’s how you can help us start working on your Application Record as soon as possible:
- Log in to your IRCC portal.
- Navigate to your application and select “view submitted application or upload documents.”
- Take a screenshot of the list of documents you previously submitted to Immigration, Refugees, and Citizenship Canada (IRCC), as displayed on your screen.
- Email the exact documents listed, along with the screenshot, to [email protected]. Please ensure you use this specific email address, as documents sent to another email will not be stored in your file.
Important:
- We cannot proceed without both the documents and the screenshot of the documents list.
- Ensure the filenames and content of the documents match those in the screenshot exactly; modifications are not permitted as these documents must reflect what was presented to the visa officer.
- If you have used the new portal for your application, download and include the “summary” file from the messages section of your portal, along with all other documents you submitted.
For Clients with Authorized Representatives:
- If you are an authorized representative, please follow the same steps in your account.
- If you are the client, instruct your authorized representative to take these steps.
Additionally, you can track the progress of your case at the Federal Court by visiting Federal Court – Court Files. Please allow a few days after initiation before searching for your case by name.
Book a Consultation Today
If you are considering applying for a judicial review of an immigration or refugee decision, you may book a timed consultation with Pax Law Corporation. During this scheduled session, one of our immigration lawyers will review the decision you received, assess whether judicial review is appropriate, explain strict deadlines, and outline the next legal steps. Please complete the form below to reserve your consultation time, as Federal Court matters are highly time-sensitive.
Table of Contents
Judicial Review Frequently Asked Questions
What is judicial review of an immigration decision?
Judicial review asks the Federal Court of Canada to decide whether an immigration officer’s or tribunal’s decision was reasonable and made fairly. The court does not decide your application itself. If the court finds an error, it sets the decision aside and sends the file back to be decided again, usually by a different officer.
What is the deadline to file for judicial review?
Under section 72 of the Immigration and Refugee Protection Act, the application for leave must be filed within 15 days after you are notified of a decision made in Canada, or within 60 days for a decision made outside Canada. The court can extend the time only for special reasons, so act quickly.
What are the stages of a judicial review?
There are two stages. First is the leave stage, where a judge reviews written arguments and decides whether your case raises an arguable issue. If leave is granted, the court schedules a hearing where your lawyer argues the case.
If I win, will I get my visa?
Not automatically. A successful judicial review means the refusal is set aside and your application is decided again. The new decision-maker must address the errors the court identified, which often improves your chances.
Do I have to be in Canada for the judicial review?
No. Your lawyer files the application and appears for you, and Federal Court hearings can be held in person or by video. Applicants outside Canada can pursue judicial review of a refused visa.
