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Judicial Review

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. 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:

  1. Leave stage
  2. Judicial review stage

Stage 1: Leave Procedure

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 that the decision was wrong or there was an error. If the Court provides leave, it indicates it agrees to review the decision in depth.

Stage 2: Judicial Review Procedure

In stage 2, which is called the judicial review, an individual needs to attend an oral hearing before the Federal Court and demonstrate why you believe the IRB decision was wrong.

Staying in Canada During the Federal Court’s Review

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.

Federal Court of Canada decisions

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 to reconsider. It does not mean the IRB will change the original decision.

Grounds For Judicial Review

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 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 or predominantly on unnecessary factors, or failed to take statutory requirements into account; or
  • Breached the rules of procedural fairness and natural justice, having regard to all of the circumstances.

We Can Help With Judicial Review

At Move Immigration Services, we know how to handle applications for leave and judicial review in Canada. We have qualified and regulated immigration consultants that thoroughly review each case of our clients and find strategies to submit an application for judicial review to the Federal Court. Experience has provided us with a great sense of when a decision should be challenging.
If you are still worried about applying for judicial review, call us today at +1 (416) 996-0786 or email us at info@moveimmigration.com.

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