Judicial Review
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Under section 72 of the IRPA, any applicant who is handed a visa refusal can challenge it in the Federal Court of Canada through the Judicial Review process. Judicial review challenge is typically brought forward on two grounds: unreasonableness and procedural fairness. Where a robust application was submitted, if the decision-maker did not grant the applicant the opportunity to respond to the credibility concerns or made the decision without regard to the evidence, this challenge can be brought forward.
It is important to note that the courts will not reconsider your application or make a decision on it, nor will they allow you to introduce new evidence. The challenge is strictly reserved for courts to decide whether the decision-making process was procedurally unfair or lacked reasonableness. If the challenge is successful, the Court will set aside the refusal and send it back for redetermination by a different officer.
Q/A:
1. What are the deadlines for filing a Judicial Review Case?
Judicial review challenges have strict deadlines. If the decision was made inside of Canada the deadline is 15 days and if decision was made outside of Canada the deadline is 60 days. Therefore, it is important you get in touch with a lawyer right away when your file is refused.
2. What type of cases will the Federal Court of Canada hear on Judicial Review?
The court can hear a variety of Immigration refusal cases at Judicial review- at Tamber Law we handle permanent resident refusals, study permit refusals, work permit and visitor visa refusals, Inland spousal sponsorship refusals, PGWP refusals and much more.
3. What is the process for Judicial Review?
For a Judge to consider your case, you must ask that leave be granted for your application. It begins with filing an Application for Leave and Judicial review in the Federal Court of Canada. The Respondent will send their notice of appearance. After which the Registry reaches out to the Tribunal that made the decision (like IRCC) to get certified reasons of refusal for the applicant. Once we have these reasons, the Applicant has 30 days (now 75 days under new temporary rules) to serve and file their Memorandum of arguments and law highlighting why the decision of IRCC was wrong and should be overturned. Now, 90% of the routine cases and refusals are settled at this point. Where the DOJ will send out a settlement offer to reopen the file without the need to go to court. But for cases that are not settled, the Respondent will serve and file their memorandum of arguments and law defending the decision. After which Applicant has 10 days to file their Reply. Then the file will be sent for the Judge to review. If leave is granted, courts will inform you and set a hearing date for your case.
4. Is Judicial Review my only option?
No, depending upon the reasons of refusals sometimes it is better to apply for reconsideration or reapply the visa all together. Each case is decided upon its own merits. At Tamber Law, we provide honest assessment of your chances of success at Judicial review and provide you with concrete options to move forward.
5. Why should I choose Tamber Law to represent me in Court?
At Tamber Law, our lawyer Daman Saini has extensive experience handling refusal challenges at court through both written and oral advocacy. She provides an honest assessment and reasonable prices for the services and best representation possible.
Need a Consultation?
Need a consultation? Call us today 416-454-2828 or email us: daman@tamberlawpc.com