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. Where judicial review is being considered, the complete administrative record and reasons should be assessed promptly because the Federal Court filing periods are strict.
Judicial Review through Fourth Dimension Immigration
Fourth Dimension Immigration provides an integrated approach to immigration and refugee matters that may require Federal Court proceedings. Judicial Review proceedings are handled by FDI's in-house lawyer authorized to practise before the Federal Court, while the immigration and IRB aspects of the matter can be managed within the appropriate professional scope of the FDI team.
- Urgent assessment of the refusal or other reviewable decision
- Review and organization of the immigration, refugee or enforcement record
- Federal Court Judicial Review handled by FDI's in-house lawyer
- Coordination of related IRCC, IRB and CBSA strategy
- Assessment of urgent relief where removal or another immediate consequence is involved
Judicial review does not automatically suspend a removal or every other immigration consequence. Where urgent relief is required, immediate assessment by the lawyer handling the Federal Court proceeding may be necessary.
Immigration criteria, document requirements and public policies can change. Advice should be based on the rules and facts applicable when you apply.