Judicial Review
If you are applying to become a temporary or permanent resident in Canada, learning that your application has been refused can be devastating.
Fortunately, you may have recourse. An immigration officer’s decision to refuse an application may be challenged if the decision was wrong in fact or in law, or unreasonable with regards to the facts at hand and the quality of the file presented to the officers.
Canwood Canada can assist you. Simply complete our contact form and one of our experts will reach out to schedule a free consultation with you.
Judicial Review & Appeals
Judicial Review
You can petition the court for a judicial review of a decision that has been made against you if you have been denied Canadian citizenship or your application to reside in Canada has been denied. A lawyer must be hired to file a court review petition on your behalf. If you want to seek a judicial review, there are some deadlines that must be met. Typically, you must file for a review within 15 days of receiving your refusal.
All decisions are taken by Immigration, Refugees and Citizenship Canada (IRCC) that affect an application can be presented to the Federal Court, which will first decide if the case merits a hearing (prima facie unreasonable) or if it raises an important question of Law. An example of this could be a work or study permit application that is refused despite substantial evidence that could favour its approval.
The refusal of an application for permanent residence can also be contested before the Immigration Appeal Division, in the case of refused sponsorships, for example. The refusal of an application for permanent residence can also be contested before the Federal Court, as would be the case for a refused skilled worker application.
If warranted in your particular situation, Canwood Canada can do the following:
- Reconsideration letters. If the refusal was based on an error in fact or in law, and/or if that decision was not in accordance with the principles of procedural fairness, we will write to the program manager of the Canadian Visa Office in question to point out the errors and to request a reconsideration of the refusal.
- If no response is received or a negative response is received, we can seek the appropriate legal proceedings if the case appears to be worth pursuing:
- For applications rejected by Immigration, Refugees and Citizenship Canada at the federal level, recourses are usually presented before the Immigration Appeal Division or the Federal Court.
- For applications rejected by the Ministère de l’immigration, de la Diversité et de l’Inclusion (Quebec only, for permanent immigration applications), recourses are usually presented before the Tribunal administratif du Québec or the Superior Court of Quebec.
- For applications rejected by Immigration, Refugees and Citizenship Canada at the federal level, recourses are usually presented before the Immigration Appeal Division or the Federal Court.
A judicial review consists of two steps:
- Leave Stage: This is the first stage, during which the court examines all of the documentation pertaining to your case. At this point, you must endeavour to persuade the federal court that the decision was not just or reasonable, and that an error occurred. You must submit all papers that support your claim. The court will decide whether to grant you a ‘leave’ or dismiss the case based on the above considerations. “Leave” implies the court has consented to review the decision more closely or has granted permission to have an issue heard by the Court during an oral hearing.
- Application for Judicial Review Stage: At the ‘application for judicial review’ phase, you and your lawyer can appear in court and explain why you believe the initial judgement was incorrect or should be changed. In cases involving the Immigration and Refugee Board of Canada (IRB), a request for review by the Federal Court automatically suspends a removal order, allowing you to remain in Canada until the Court renders its decision. If the court determines that the decision in your case was correct, you will be placed on a removal order and must depart Canada within 30 days.
Appeal
When and if a federal court judge certifies that there is a substantial question of general importance involved and states the question, erroneous rejections may be brought to the Federal Court of Appeal (FCA). When the court discovers an issue that exceeds the parties’ interests and examines matters of broad relevance or general application, as well as being dispositive of the case within its authority, a valid question of increasing relevance arises.
If the case involves a public matter, an appeal to the Supreme Court of Canada is also possible. Within 60 days of the date of the final judgement appealed, the appellant must file a statement of application for leave to appeal with the Supreme Court registrar.
You can appoint us to defend you in court as your trusted advocate. CanwoodCanada has a lot of expertise with denials and appeals.
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