A Judicial Review is quite different from an to an Immigration Refugee Board appeal and it is filed in Federal court where you are asking the court to see if there has been an error in the administrative processing of your file. It is used when there has been a decision made that is either an error in law; an error in fact; or sometimes both. If there are grounds for a Judicial Review, only a lawyer can take your case to Federal Court and represent you for consideration.
It is important to note that the court will not substitute or impose a decision, but the court will determine whether there are grounds to have the Immigration authorities re-examine your case (without prejudice) and decide taking all the facts into account.
There are many different situations where a Judicial Review can be initiated and they are too numerous to list here, but in general the grounds for a judicial review as laid out by the Federal Court is when a person or department:
- Acted without jurisdiction, acted beyond its jurisdiction or refused to exercise its jurisdiction.
- Failed to observe a principle of natural justice, procedural fairness, or other procedure that it was required by law to observe.
- Erred in law in making its decision, whether the error appears on the face of the record.
- Based its decision on an erroneous finding of fact that it made in a perverse or capricious manner or without regard to the material before it.
- Acted, or failed to act, by reason of fraud or perjured evidence.
- Acted in any other way that was contrary to law.
For more information please Contact Us so that we can assess and help to see if this is an avenue for you
If a judicial review claim is successful, then the court can overturn a decision made regarding an application. This is highly effective and important if for example, you had a file refused by IRCC and you are willing to do a judicial review to overturn the application decision. While this is a case-by-case basis, this allows you to make an appeal, should there be an error in law or effort in fact.
COMMON TRAPS, PITFALLS AND MISCONCEPTIONS
While everyone’s case and circumstances are different, there are some common traps, pitfalls, and misconceptions when it comes to judicial reviews. Here are some general and common ones we have experienced and encountered throughout the years:
Consultants can’t apply for judicial review or represent you in Federal court. A lawyer can represent your case in court.
This will vary for each case but generally it would be between fifteen (15) Fifteen to sixty (60) days from the date of the decision letter to file for appeal based on the location and type of file.
OUR VALUE – HOW WE MAKE THIS EASY FOR YOU
We understand that information can be found on the Internet and there are lots of other consultants or lawyers out there, so things can certainly get confusing very quickly for you. However, our value is in our services and how can simplify a sometimes-complicated process while anticipating and proactively making this whole process easy for you, from the start to the end of your immigration journey. We will guide you and provide:
- An affordable service with an individualized payment schedule to suit any budget
- Comprehensive documents required for the process, including information and tips that can’t be found on the IRCC website
- Personalized immigration advice and solutions that are tailored to your case
- Collaboration with a licensed immigration consultant and appointment Lawyer who will communicate and represent your case on your behalf
- Support and Assistance through every stage of the process, from the filing and what to expect.
A: This will depend on each case and the process. However, you should be prepared for any outcomes and potentially could take longer depending on the backlog found within the court.
A: We can surely provide you with some referrals or insight regarding legal representation. We always work to support our clients and allow them the ability to tap into our experience.
A: Each file and case will be treated as unique. As immigration applications are submitted to IRCC, the fees are paid to a different body than any fees associated with a JR.