If your Canadian immigration application has been refused, you may be able to have the decision reviewed by the Federal Court. We can help to develop persuasive legal arguments and to navigate through the procedural steps. We have assisted many clients in overturning refusals.
The process of having a negative decision from an immigration decision maker reviewed is called a Judicial Review. The Court will conduct a detailed review of whether the decision-maker made an unreasonable decision, made an error of law, or failed to adhere to the standards of procedural fairness. The Judicial Review is divided up into two stages, the Leave Stage and the Judicial Review Stage.
- Application for Leave
The process starts with the filing of an Application for Leave and for Judicial Review with the Federal Court within 15 days of the receipt of the refusal decision (if it is a refusal decision arising within Canada), or within 60 days of the receipt of the refusal decision (if it is a refusal decision arising outside of Canada). Our lawyers will carefully review the refusal decision and develop the strongest legal arguments and prepare materials for filing with the Federal Court.
- Application for Judicial Review
If Leave is granted by the Federal Court, our lawyers can further assist by representing you before the Federal Court. The Judicial Review is generally conducted by way of an oral hearing before a Federal Court Justice. If the Judicial Review is successful, the refusal decision is overturned, and the file is returned to a different decision maker for reconsideration in accordance with the Court’s direction.
For assistance at the Federal Court of Canada and for more information, please contact us.