Judicial review is a legal process that enables individuals to challenge decisions made by immigration authorities. It allows a Federal Court judge to assess whether the actions of the immigration officials were fair and by the law.
If the judge finds that the decision-making process is flawed, they can order the authorities to reconsider the application.
While judicial review does not guarantee approval, it does ensure that the application receives a fair reassessment. This can be a valuable opportunity for individuals facing immigration refusals, providing a chance for a more equitable decision.
When Can You Appeal an Immigration Refusal?
If the judge allows the judicial review, the authorities must review the application. Alternatively, you may choose to bring your case to the Immigration Appeal Division (IAD) of the Immigration Refugee Board of Canada (IRB). This distinction between judicial review and appeal provides you with two potential paths to challenge an immigration refusal.
If your appeal is successful, the IAD adjudicator, often called a member, will generally approve your application. This member is responsible for hearing appeals and deciding on cases before the IAD. As a result, an appeal is often a more favorable option than a judicial review, which can be more time-consuming and uncertain.
How Does the Judicial Review Process Work?
The judicial review process is an essential option for those looking to challenge decisions made by immigration authorities. By understanding the steps involved, you can navigate the process more effectively and protect your rights.
Let us delve into the steps of the JR process:
- Apply for leave and judicial review, which requires a filing fee of $50.
- If the judge grants leave, you will likely attend an oral hearing. Sometimes, immigration authorities may settle before the hearing, eliminating the need for it. If the judge denies leave, you lose the case without an option to appeal.
- At the hearing, the judge can either:
- Allow the judicial review, leading to the reopening of your application by the immigration authorities.
- Dismiss the judicial review, meaning the authorities will not reopen your application.
- A typical judicial review does not provide a right to appeal. However, if the Federal Court judge certifies a severe question of general importance, you may file an appeal with the Federal Court of Appeal.
Always remember that the specific process may vary based on the details of your case.
Timelines for Filing a Judicial Review in Canada
If you are considering filing a judicial review (JR), it is crucial to act quickly due to strict deadlines.
For decisions made inside Canada, you have only 15 days from the date you receive the decision to submit a JR application. For decisions made outside of Canada, the deadline extends to 60 days.
It is highly recommended that you consult an immigration lawyer as soon as you receive the decision.
While there are fixed filing deadlines, predicting the processing time of a JR is much more challenging. In some cases, the Court may agree to extend the deadline under specific circumstances [A72(2)(c)]. The time it takes for the process can vary significantly.
For instance, a recent JR hearing involving over 100 people took four years from the initial filing to the hearing. However, the hearing process usually concludes in under a year for individual cases.
Is Requesting Reconsideration a Viable Alternative to Judicial Review?
A request for reconsideration can be made regarding an immigration decision, but the likelihood of success is typically low. You must view this option as supplementary rather than a replacement for a judicial review. You may file a reconsideration request just days before initiating the judicial review process or even simultaneously.
For judicial review cases, having a lawyer by your side is essential. While we specialize in IAD cases and various non-court issues, our immigration lawyer is ready to assist you. Schedule a consultation or complete our assessment form to get started.
At ImmiLaw Immigration Law Professional Corporation, we are here to guide you through every step of your immigration journey.
Contact us today for your queries.
Read to Know: Post-Graduation Work Permits (PGWP) for International Students:All you need to know!
