Federal Court judicial review examines whether a federal immigration or refugee decision was made lawfully, fairly and within the applicable standard of review. An immigration application first requires leave from a Federal Court judge.
Strict filing periods
Under IRPA section 72, an application for leave and judicial review generally must be served and filed within 15 days for a matter arising in Canada or 60 days for a matter arising outside Canada, counted from notification of or awareness of the matter to be reviewed.
Officer decision notes and Court reasons
IRCC now sends officer decision notes with many refusal letters. IRCC states that where an applicant seeks leave and judicial review, the Court application should still indicate if the complete reasons have not been received so the Court can request them under Rule 9 and determine whether information was removed from the officer decision note.
Our role and coordination
- Identify decisions that may require urgent court review
- Organize the immigration, refugee or enforcement record
- Coordinate promptly with a lawyer authorized to practise before the Federal Court
- Assist with immigration strategy alongside the court proceeding
- Track related IRCC, IRB or CBSA consequences
Judicial review does not automatically suspend every immigration consequence or removal. Urgent court relief may require immediate assessment by Federal Court counsel.
Immigration criteria, document requirements and public policies can change. Advice should be based on the rules and facts applicable when you apply.