In terms of requesting judicial review, Canada permits individuals to take matters that the Immigration Appeal Division (IAD) has rejected on appeal to the Federal Court.
Every case has a different set of reasons for the refusal. However, individuals have the chance to appeal the unfavorable judgments through judicial review at the Federal Court.
Grounds for judicial review in Canada:
the decision-maker made an error in law or fact, whether that error was obvious or not;
the decision-maker violated the principle of natural justice;
the decision-maker failed to observe procedural fairness;
the decision-maker failed to consider important relevant evidence;
the decision was made based on speculation and conjecture;
the decision goes beyond the authority conferred upon the decision-maker by the Immigration and Refugee Protection Act (IRPA) and the Regulations.
If you think that your case has been refused based on the reason(s) mentioned above, it is highly recommended to seek judicial review at the Federal Court.
It should be noted that only a lawyer can represent you at the Federal Court of Canada.
Please be aware of things to consider before seeking judicial review at the Federal Court.
If the Federal Court identifies the error in the decision of your case, it will be referred back to the IRB or the Officer for reassessment. If the Court finds no errors in the decision, the person must leave Canada within 30 days.
