Federal Court Judicial Review
Tefancy Law represents clients in applications for judicial review before the Federal Court of Canada in immigration and refugee matters, drawing on years of experience and work across dozens of cases.
What is judicial review
Judicial review is not an appeal. The Federal Court does not re hear the case. The Court does not 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 Immigration Appeal Division, Refugee Protection Division, or Refugee Appeal Division
Deadlines
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. In some cases, attend an oral hearing before a Federal Court judge.
The process is primarily document based. It requires careful legal analysis and precise written advocacy.
Need advice on judicial review. 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.
