Grounds for Judicial Review Canada
In terms of applying for judicial review Canada allows people to appeal the cases refused by the Immigration Appeal Division (IAD) to the Federal Court.
The reasons for the refusal vary with the case. However, judicial review at the Federal Court provides people with an opportunity to challenge the negative decisions.
Grounds for judicial review Canada:
- the decision-maker made an error in law or fact, whether that error was obvious or not;
- the decision-maker violated the principle of natural justice;
- the decision-maker failed to observe procedural fairness;
- the decision-maker failed to consider important relevant evidence;
- the decision was made based on speculation and conjecture;
- the decision goes beyond the authority conferred upon the decision-maker by the Immigration and Refugee Protection Act (IRPA) and the Regulations.
If you think that your case has been refused based on the reason(s) mentioned above, it is highly recommended to seek judicial review at the Federal Court.
It should be noted that only a lawyer can represent you at the Federal Court of Canada.
Please be aware of things to consider before seeking judicial review at the Federal Court.
If the Federal Court identifies the error in the decision of your case, it will be referred back to the IRB or the Officer for reassessment. If the Court finds no errors in the decision, the person must leave Canada within 30 days.
Find out what types of immigration refusals can be challenged by judicial review.
