It is crucial for Regulated Canadian Immigration Consultants (RCICs) to be aware of the nuances of applying for judicial review on immigration matters. If the Immigration Appeal Division (IAD) has refused your client’s appeal, you may be able to apply to the Federal Court for leave and for Judicial Review.

Compared to IAD appeals that are concerned with getting the right decision, judicial review on immigration matters is concerned with the manner in which a decision was arrived at and whether or not the rules and resolutions were followed. For instance, a judge may not agree with the officer’s decision but as long as the decision was reasonable, the application for judicial review will likely be dismissed.

There are the most common reasons for allowing an application for judicial review on immigration matters:

• the decision-maker made an error in law, whether that error is obvious or not;
• the decision-maker got the facts wrong at a fundamental level, or appears to have ignored a fact of fundamental importance;
• the decision-maker violated a principle of natural justice or failed to observe procedural fairness;
• the decision goes beyond the authority conferred upon the decision-maker by the IRPA and the Regulations.

Be aware of the precise grounds for judicial review to be granted.

What you should know regarding Federal Court Appeals:

• Cases are argued before the Federal Court by your lawyer. A lawyer should apply for judicial review on your behalf in a timely manner.
• The timelines are crucial: the application for leave or judicial review must be submitted no later than 15 days after receiving the decision within Canada and no later than 60 days for decisions outside Canada. Citizenship cases have to be filed within 30 days.
• You have 30 days to file the Applicants Record (aka argument) after submitting the Application for Leave and for Judicial Review. The process usually takes about 3 months to receive a decision on whether leave is granted. If leave is granted, a Federal Court hearing will be scheduled within 3-4 months.

If you would like to find out whether your client’s case can be appealed please do not hesitate to contact us and we will discuss the most suitable options for you.