Navigating Canada’s immigration system can be overwhelming, especially if you’ve received an unfavourable decision from Immigration, Refugees and Citizenship Canada (IRCC) or the Immigration and Refugee Board (IRB). If you believe a decision was unfair or incorrect, a judicial review might be the right step. In this blog post, we’ll break down what judicial review is, how the process works, the timelines involved, and how a lawyer can help you through it.
What is Judicial Review?
Judicial review is a process where the Federal Court of Canada checks whether a decision made by an administrative body, like the IRCC or the IRB, was legal and fair. Unlike an appeal, which reconsiders the facts of your case, a judicial review focuses on the decision-making process. The court examines if the decision followed legal principles, was reasonable, and whether the process was fair.
Judicial review ensures that decisions affecting your life and future were made properly. It’s not about rearguing your case but about checking if the original decision was made according to the rules and regulations.
Deadlines and Legal Advice
There are strict deadlines to apply for a review. For a matter arising in Canada, you must serve and file an application for leave and judicial review within 15 days after being notified of the decision. For matters arising outside Canada, the deadline is 60 days. It is crucial to seek legal advice as soon as possible to ensure you meet these deadlines and have the best chance of a successful review.
Distinction Between an Appeal and Judicial Review
The Immigration and Refugee Protection Act (IRPA) provides two levels of review: statutory appeal to the Immigration Appeal Division (IAD) and judicial review by the Federal Court. Family reunification sponsors, permanent residents, and protected persons have a right to appeal adverse decisions to the IAD. For all other cases, where no statutory right of appeal exists or those rights have been exhausted, there is a right to seek judicial review by filing an application for leave and judicial review to the Federal Court.
From start to finish, the judicial review process can take several months, depending on the complexity of the case and the court’s schedule.
How a Lawyer Can Help
The judicial review process can be complex, but a lawyer can make it much more manageable. Here’s how:
- Advice: A lawyer can evaluate your case and give you an honest assessment of your chances.
- Documentation: Properly preparing and organizing documents is crucial.
- Legal Arguments: Crafting persuasive arguments and presenting them effectively in court is key.
- Representation: Having a lawyer represent you can reduce the stress of legal proceedings and ensure your rights are protected.
Transparent Fees
At Lime Law, we believe in taking the unexpected out of the equation by being transparent about our fees. For all judicial review matters that are disposed of without appearance, our legal fees are set at $2,500 plus applicable taxes and disbursements. This straightforward fee structure ensures that you know exactly what to expect, allowing you to plan with confidence and focus on achieving the best possible outcome for your case.
Additional Services
Our Federal Court practice also includes:
- Mandamus applications (for unreasonable delay)
- Applications for a stay of removal
- Seeking intervener status on behalf of interested parties in public interest cases
Contact us for a free consultation
Have you received an adverse immigration decision? Don’t face the judicial review process alone. Contact us today for a consultation. Our experienced legal team is here to help you achieve the best possible outcome. Let us guide you through every step, making sure your case is handled with the utmost care and expertise. Navigate to this link to schedule your consultation now and take the first step towards a fair resolution.
