Judicial Review (Federal Court of Canada)

Judicial Review

What is Judicial Review?
- If you’ve had an immigration application refused unreasonably or incorrectly, you may be able to apply for reconsideration through judicial review. Examples of applications that can be subject to judicial review include:
  - i. Refused PR applications;
  - Refused Study Permits;
  - Refused Temporary Resident (Visitor) Visas;
  - Refused Work Permits.
What Happens If I Succeed?
- Your application will be reopened and sent to a different Immigration, Refugees and Citizenship Canada (IRCC) officer. This will not guarantee that your application will be accepted/approved, but it does offer you an opportunity to have your candidacy reconsidered.
How Long Does It Take?
- While it varies, most judicial review applications take around 3-6 months. The process is complex and can often be overwhelming, with many factors dictating whether or not an application for judicial review is successful.

Reasonableness: The first (and most common) basis for judicial review is reasonableness. If the refusal of your immigration application was not “within a range of possible or acceptable outcomes”, the Federal Court may order that your application be reconsidered.
Correctness: The second basis for judicial review is correctness. This standard applies for constitutional questions, matters of central importance to the legal system, or questions concerning jurisdiction.
Procedural Fairness: IRCC has various procedural duties that they must abide by when processing your application. In some cases, if a reviewing officer had doubts about the credibility of certain evidence you provided, they must offer you an opportunity to respond. If procedural fairness is breached, your application will be automatically sent for redetermination.

Call Us: The key is to act quickly so that you don’t miss out on the opportunity to have your application reconsidered. The deadline to apply for judicial review is 30 days from your date of refusal.
Gather Documents: We will review your documents and give you a breakdown of what to expect.
Apply for Leave: Filing for “leave” entails asking the Federal Court for permission to bring an application for judicial review. We will also request that IRCC send a detailed breakdown of all the reasons for the refusal of your application.
Prepare Arguments: Once we have received IRCC’s reasons and all other relevant documents from you, we will write a “memorandum of arguments” outlining why the refusal of your application was unreasonable.
Settlement: If a settlement is reached, your application will be reopened by a different IRCC officer. Our approach is to maximize the likelihood of settlement, which will save you time and legal fees.
Hearing: The majority of unsettled applications for leave are rejected by a judge. However, if leave is granted, a hearing will be scheduled and we will advocate for you in Federal Court.

To minimize your legal expenses and improve the likelihood of success, we will review your immigration application and advise you on whether a judicial review is appropriate. Our team offers comprehensive support from filing to receiving a decision by keeping you informed on the progress of your application to ensure peace of mind.
We have developed an excellent track record of success with judicial review, helping our clients have their applications reconsidered. If you choose us to handle your application for judicial review and we are successful, our team is also adept at updating and reviewing your application to maximize the likelihood of approval.