Judicial Reviews at the Federal Court
Your immigration application to Canada has been rejected by IRCC. However, you believe that IRCC’s decision is unreasonable or incorrect… You may be able to make an application for judicial review at the Federal Court of Canada.
What should you do if your immigration application to Canada is refused?
Don't WAIT
You must act quickly
When you receive the refusal letter, you have only 15 days in the case of a matter arising in Canada. You have 60 days in the case of a matter arising outside of Canada.
REACH OUT FOR HELP
Speak to an immigration lawyer
Seeking assistance or legal advice from a Canadian Immigration Lawyer will be your first step if your immigration application is refused by IRCC
Fight the refusal
Judicial Review or Reconsideration
When you connect with an immigration lawyer you will analyze the reasons for the refusal and develop your personalized strategy in how you can fight the refusal.
Judicial Review in a nutshell
What is a Judicial Review?
A Judicial Review is a legal procedure in which the Federal Court of Canada reviews the actions taken by a decision-maker.
In Canadian immigration law, you can file an Application for Leave and Judicial Review (ALJR) of a decision by IRCC, such as a rejected Study Permit, a rejected Work Permit, a rejected Visitor Visa, a rejected Permanent Residence application, or another final decision on any other immigration applications. If you are successful with the Judicial Review at the Federal Court, the decision of an immigration officer will be overturned, and another IRCC officer will reconsider your immigration application.
The Federal Court of Canada will apply the standard of review of “Reasonableness” unless there is a breach of natural justice and/or duty of procedural fairness. This means that the Court will review the decision and determine if the decision is “reasonable”.
A reasonable decision is a decision that is internally coherent and based on a rational chain of analysis. It must be justified in relation to the fact and law.
Under the “Reasonableness” standard, a decision-maker is entitled to deference. This means that the Federal Court will not easily overturn a decision or substitute it. However, at all times the decision of the IRCC officer must not be arbitrary and must be intelligible, internally coherent, and based on a rational chain of analysis.
You must act promptly
Very tight deadlines.
When facing a refusal on your immigration application to Canada, it is crucial to be aware of the tight deadlines associated with filing a Leave Application to the Federal Court of Canada. These deadlines are stringent, typically allowing only a brief window from the date of refusal notification to submit your application for Judicial Review. Missing this deadline can severely limit your options for recourse. Therefore, the best course of action is to seek immediate assistance from a qualified immigration lawyer as soon as you are informed of the refusal. Time is of the essence, and prompt legal advice can be pivotal in securing a positive outcome.
A matter arising in Canada
15 days
to file for Judicial Review.
A matter arising outside Canada
60 days
to file for Judicial Review.
What else can you do if your immigration application is refused?
Often, Judicial Review is considered as a matter of last resort. There are other alternatives to Judicial Review that you may consider if your immigration application to Canada is refused. These alternatives might be more time-efficient, cheaper, and get you the solution you’re seeking. Speak to our Canadian Immigration Lawyer if your application was refused to decide on your best course of action.
Reapply
Submit a new application
This may be the best solution to a refusal. Our lawyers can help you identify the weak points and improve your new application.
Reconsideration
Ask the officer to reassess your file
By preparing the Reconsideration Request you’re asking the immigration officer to reopen and reconsider your refused application.
Judicial Review
Go to Federal Court with ALJR
If the reasons for the refusal were not intelligible, coherent, and based on a logical chain analysis, submitting the ALJR may be your best option.
How do we work with our clients when preparing Judicial Reviews?
We collaborate with our clients to prepare strong Judicial Review applications. We meet with you to explain the process and develop our approach together - from start to finish.
We negotiate with DOJ throughout the proceedings. If we can reach a Settlement with DOJ and IRCC, the Judicial Review can be discontinued, and another immigration officer can reconsider your immigration application.
Reaching a Settlement will minimize the stress and your application may be processed quicker. quicker.