Judicial Review

If you have been refused either a study or work permit, visitor’s visa or your application for permanent residence has been refused by an Officer at IRCC and you believe that the decision was not fair you may be able to ask the Federal Court to review this decision.  This is called Judicial Review.  The Federal Court has the power to set aside an Officer’s decision and have a different Officer review your case.  The Application for Leave and for Judicial Review must be filed within 15 days for matters arising within Canada or within 60 days for matters arising outside of Canada.  The refusal letter will usually let you know if the decision was made within Canada or outside of Canada.  The filing of the application for leave will commence the review proceedings.  In matters related to the Citizenship Act the notice of application must be filed within 30 days after you were notified of the decision.  The remedy sought at the Federal Court is stated in the Application for Leave and for Judicial Review.  After filing the Application for Leave and for Judicial Review the argument (aka Applicant’s Record) must be filed.  This is done within 30 days after filing the Application for Leave and for Judicial Review if reasons have been received.  If the decision has no reasons the Court will send you the reasons and you will be given 30 days to file the argument.  There are three possible decisions that can be made.  First, the court can dismiss the case.  If the Court dismisses the case there is no right of appeal.  Second, the Court can grant leave which means that the Court is willing to hear an oral argument.  The oral argument will usually be in about four months from granting Leave.  Third, it is possible that to obtain a settlement, either before Leave or granted or after, whereby the Officer’s decision is set aside and a different Officer will review the matter.  Prior to the new Officer reviewing your case you will usually be given the opportunity to submit additional evidence to support your case.  It is important that you use an experienced lawyer to help you review your case and determine if Judicial Review is appropriate for you.  Remember that only a lawyer can represent you in the Federal Court.