Certain immigration refusals can be judicially reviewed at the Federal Court of Canada. For example, to name a few, a Federal Court Judge can review the following applications:
• Humanitarian and Compassionate Application; • Pre-Removal Risk Assessment Application; • Spousal Sponsorship Appeal Decision; • Refugee Appeal Decision; • Request for Deferral Decision; • Visitor Visa Refusal.
If a decision has been made within Canada, you will have 15 days from the date of the refusal to file a Judicial Review at the Federal Court. The delay is of 60 days if the decision arises from outside of Canada.
The first step is to file the Application for Leave and for Judicial Review. You will then need to file the Applicant’s Record, which will contain the entire copy of the application, your legal argumentation as to why the decision is unreasonable or erroneous as well as case law that supports your application.
The Respondent, who represents Citizenship and Immigration Canada or Canada Border Services Agency, will also submit a Respondent’s record.
The records and arguments must be based on the evidence that was present at the time the decision was made and available for the immigration officer to review. New evidence, which came to light following the decision, cannot be submitted in the Judicial Review application.
Once the Federal Court Judge has received arguments from both sides, the Judge will make a decision, first with respect to the Leave application (permission to go to court). If Leave has been granted, then your application for Judicial Review will be scheduled for a Judicial Review hearing at the Federal Court of Canada within the coming months.
At the Judicial Review hearing, both parties will present their case with oral submissions. The Federal Court judge will then approve or dismiss the application. If the Judicial Review is allowed, then the application will be sent back for a re-determination by the immigration office, board or visa post with a new officer.
Although many immigration applications can be submitted without an immigration lawyer, this is not true for Federal Court applications. These applications require specific legal skills which must be applied and prepared by an immigration expert who is familiar with Federal Court procedures and processes.