Judicial Review
Judicial review is the power of a Federal Court of Canada to review the decision made by a decision-maker. The applied standard of review is ‘reasonableness’ unless there is a breach of natural justice and / or a duty of procedural fairness.
If the Immigration and Refugee Board (IRB) or Immigration Refugees and Citizenship Canada (IRCC) rejects your application and you decide to challenge it, you must file an application for judicial review at a Federal Court of Canada within 15 day of receiving their decision. You may have 60 days if you are outside of Canada.
The process involves applying for a leave (permission) of the Federal Court of Canada to have a hearing and to obtain a decision. This is followed by serving and filing the notice of appearance and the application record. Upon seeking leave, If IRCC has not responded, the Court will order IRCC to produce “Rule 9” disclosure containing the immigration officer’s notes on the immigration application.
You must understand that this process is not an appeal. Upon successfully proving your case, the Court will return your case to the IRB for reconsideration rather than reversing or revising the decision unless there is a breach of natural justice and / or a duty of procedural fairness.
How can PPS LAW PROFESSIONAL CORPORATION help you?
If you require further assistance in the above matter, please contact us. We are Immigrant-founded, multilingual and accommodating to cater the needs of all walks of life including the working-class community. As experienced professionals, we have been successfully assisting clients in this matter to their satisfaction. Contact us today.