Apply to the Federal Court of Canada for judicial review

Under Canada’s immigration law, you can ask the Federal Court of Canada to review decisions related to immigration. A lawyer must apply for judicial review on your behalf.

In some cases, there are deadlines by which you are allowed to apply for review by the Federal Court. For example, if the Immigration and Refugee Board (IRB) has rejected your claim for refugee protection, you must file an application to ask for a Federal Court review within 15 days after the IRB decision was issued.

Review by the Federal Court is a two-stage process. In the first stage, which is known as the “leave” stage, the Court reviews the documents related to your case. You must show the Court that an error was made in the decision, or the decision was not fair or reasonable.

If leave is given, this means the Court has agreed to examine the decision in depth. At this second stage, called “application for judicial review,” you and your lawyer can attend an oral hearing before the Court and explain why you believe the original decision was wrong.

In the case of decisions made by the IRB, a request for review by the Federal Court automatically puts a removal order on hold, and you can stay in Canada until the Court makes its decision.

Cases are usually argued before the Federal Court by your lawyer. The Court can agree with the original decision or return your case to the Refugee Protection Division (RPD) to be reheard. This does not mean the original decision will be reversed.

If the Court finds that there was no error in the decision of your case, you must leave Canada within 30 days and you are under a removal order.

Related links

Protecting Canada’s Immigration System

 
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