Judicial Review
Judicial review in Canadian immigration is a legal process where the Federal Court of Canada reviews a decision made by an immigration officer or tribunal to determine if it was unreasonable, unfair, or incorrect in law.
What is Judicial Review?
Judicial review is not a re-hearing of the original application, and no new evidence can be introduced during the review. It is a legal process where the Federal Court examines whether the immigration officer or tribunal made an error in their decision-making process.
To cancel your visa refusal, you must challenge the visa officer's decision by appealing to the Federal Court of Canada and arguing that the visa officer did not assess your application correctly. If successful, your application will be re-opened and processed by a different visa officer, with specific instructions not to refuse the application for the same reasons – this is called "re-determination".
Two-Stage Process at the Federal Court
The judicial review process begins with an "Application for Leave and Judicial Review" and consists of two critical stages.
Leave Stage
You must first obtain 'leave,' or permission, from a Federal Court judge to proceed with the full judicial review. A judge reviews your written arguments to decide if your case has enough merit to be heard.
Judicial Review Hearing
If leave is granted, a hearing is scheduled. Your legal representative will argue your case before a judge, who will review the original decision to determine if an error was made.
Grounds for Judicial Review
You can seek a judicial review if you believe the immigration officer or tribunal made one of the following errors:
Error of Law
The officer misinterpreted or misapplied a law or policy.
Procedural Error
The decision-maker failed to follow proper procedures, such as denying you a fair chance to present your case.
Unreasonable Decision
The decision was not logical, intelligible, or based on a rational analysis of the facts and law.
Breach of Natural Justice
The officer acted with bias or a conflict of interest.
What You Need To Know
Time Limits
You have 60 days to start the Judicial Review process for applications made outside Canada and 15 days for applications made inside Canada.
No New Evidence
You cannot provide new documents or information during the Judicial Review process. You must rely on the materials provided in your application.
Process Duration
Timeline can range between 2 - 8 months depending on how far you get into the appeal process and if an early resolution can be reached.
Success Rate
Judicial Review cases can be tough to win and are only reserved for strong applications that have been unjustly refused.
Our Specialized Judicial Review Services
Summit Immigration Consulting Group specializes in Judicial Review for various immigration matters:
- •Temporary visa refusals
- •Permanent visa refusals
- •Misrepresentation cases
- •Exclusion orders
- •Judicial review seeking mandamus
Important Notice
Important: If there are any flaws in your application, then re-application is the better option. Judicial Review is only recommended for strong applications that have been unjustly refused.
Need Help with Judicial Review?
Don't let an unfair immigration decision stand. Let our experienced legal team help you challenge the decision through judicial review and fight for your rights.