You have just been informed that you application for a temporary visa or for permanent residence has just been refused. Do you apply again or do you file a judicial review with the Federal Court. A judicial review in Canada is similar to an appeal where a judge will review your application in order to determine if there is merit to your case. Before making this decision you would need to consult with a lawyer and determine what would be the best option for you. If you have applied for a visa several times and have been refused, your best option might be to do a judicial review as it is likely that you will be refused again. You must keep in mind that there is a cost to do a judicial review; that there are no guarantees of success; and that doing a judicial review is a timely process that could take 7 months before there is a resolution. If you and your lawyer decide that the Officer’s decision was either unfair or unreasonable in light of the documents that were before the Officer you would need to file the notice with the Federal Court within the prescribed time period. Once you file the notice the Federal Court will provide to you the Officer notes which takes approximately 4-6 weeks and then your lawyer has 30 days to file the argument. Typically it takes 3-6 months before a decision is made. In some cases the Department of Justice may consent to have the decision set aside and to send it to another Officer for re-determination. If this settlement offer is made it will usually be made within a month or so after the court receives your argument. If Leave is granted by the court and the case is to be argued in the Federal Court that would take place approximately four months after your argument has been filed. If your lawyer is successful in the Federal Court, the decision will be set aside and another Officer will re-determine your application. At this time you will be given the opportunity to add any additional disclosure to your application. This is important as you will have the chance to correct any perceived deficiencies as noted by original Officer who had refused your application Remember that there is no guarantee that the new Officer will accept your application. While judicial review in Canada may be time consuming and expensive, it still may be the best course of action if there is merit to your case.
