Federal Court of Canada
Judicial Review
Federal Court Judicial Review
Tefancy Law represents clients in applications for judicial review before the Federal Court of Canada in immigration and refugee matters.
⚠️ Important
Judicial review is time sensitive. Strict procedural rules apply. Early legal advice is important.
What is judicial review
Judicial review is not an appeal. The Federal Court does not re-hear the case or substitute its own decision. Instead, the Court examines whether the decision was made:
- Fairly
- In accordance with the law
- Through a reasonable decision-making process
If the Court finds a reviewable error, it may set aside the decision and return the matter for reconsideration by a different decision maker.
When judicial review may be available
Judicial review may be available for many immigration and refugee decisions, including:
- Refusals of refugee protection
- Refusals of visa applications
- Refusals of permanent residence applications
- Findings of inadmissibility
- Refusals to re-open an immigration or refugee matter
- Certain decisions of the IAD, RPD, or RAD
Deadlines
Decision made inside Canada
15 days
Decision made outside Canada
60 days
Strict filing deadlines apply. If you miss the deadline, judicial review may not be available.
What the process usually involves
- Start the case. File an application for leave and judicial review.
- Build the record. Obtain the tribunal record and confirm what evidence was before the decision maker.
- Write submissions. Prepare written legal arguments and supporting materials.
- Respond. Reply to the Minister's position as required by the Rules.
- Hearing, if granted. Attend an oral hearing before a Federal Court judge.
The process is primarily document-based and requires careful legal analysis and precise written advocacy.
If you are considering judicial review of an immigration or refugee decision, contact Tefancy Law as soon as possible. We can assess your situation and advise you on the available options.
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