If an individual believes that Immigration and Refugee Board (IRB) made a wrong decision regarding your immigration case, you can request the Federal Court of Canada to review immigration decisions.
Two-Stage Judicial Review
There is a deadline that requires individuals to submit a judicial review application within 15 days to the Federal Court against the IRB decision. You need to take legal advice if you want to apply for a review. A Federal Court review has a 2-stage process:
- Leave stage
- Judicial review stage
In stage 1, which is called the leave stage, the Federal Court reviews the supporting legal documents about your case. An individual needs to ask the Federal Court if the decision was wrong or if there was an error. If the Court provides leave, it indicates it agrees to review the decision in depth.
The removal order status of an individual varies from the decision of the IRB division you’re requesting the Court to review. For the IRB decisions:
- Refugee Appeal Division: The removal order status is on hold. An individual can stay in Canada till the Court makes a final decision.
- Refugee Protection Division: The removal order is not on hold. An individual needs to leave Canada.
The judicial review grounds are set out in the Federal Court Act and are the same as the grounds for decisions reviews of the Refugee Protection Division; i.e., that an individual:
- Exercise without discretion or refused to exercise its discretion;
- Failed to follow a principle of procedural fairness, natural justice, or other methods that are required by law to follow;
- The error of law in making a decision such as understanding a section of the Code inaccurately;
- Based its entire decision predominantly on unnecessary factors, failed to take statutory requirements into account; or
- Breached the rules of procedural fairness and natural justice, having regard to all of the circumstances.
In stage 2, which is called the judicial review, an individual needs to attend an oral hearing before the Federal Court and demonstrate why they believe the IRB decision was wrong.
If the Federal Court believes that the IRB decision is correct and finds no error, an individual needs to leave Canada. If the Federal Court believes that the IRB decision is not correct, the case will return to the IRB for reconsideration. It does not mean the IRB will change the original decision.
At Move Immigration Services, we can refer you to a lawyer for judicial review in the Federal Court. If you are still worried about applying for judicial review, call us today at +1 (416) 996-0786 or email us at email@example.com.