Federal Court Judicial Review
Judicial Review | Evidence in Judicial Review | Judicial Review Stages
When an immigration application is refused or an adverse decision is made, judicial review may be available as a legal remedy. Judicial review allows the Federal Court of Canada to examine whether an immigration decision was made fairly, lawfully, and reasonably.
At Summit Point Law, we assist clients in navigating the judicial review process from the outset, including assessing the viability of review, meeting filing deadlines, and preparing focused submissions. The sections below outline what judicial review involves, the types of decisions that may be reviewed, and how the process unfolds before the Federal Court.
Disclaimer: Please note that the information provided is for general informational purposes only and does not constitute legal advice. Immigration law is complex and subject to change, and outcomes depend on the specific facts of each case. This content is not exhaustive of all legal rights, remedies, or requirements and should not be relied upon as a substitute for legal advice. Readers should consult a legal professional for specific advice in any particular situation.
Judicial Review
A judicial review is a legal process that allows certain immigration decisions to be reviewed by the Federal Court of Canada. Judicial review is not an appeal on the merits of the decision. Instead, it examines whether the decision-maker acted fairly, followed the correct legal principles, and made a reasonable decision based on the evidence before them.
Judicial reviews are available for a wide range of immigration decisions, including refusals of visa or permit applications, refugee decisions, procedural fairness breaches, and enforcement-related decisions.
Evidence in Judicial Review
Judicial review is fundamentally different from an appeal or a new application. In most cases, the Federal Court’s review is limited to the evidence that was before the immigration officer at the time the decision was made. As a result, subject to some exceptions, judicial review is not an opportunity to submit new evidence to strengthen an application or correct deficiencies after a refusal.
Judicial Review Stages
The Federal Court judicial review process involves two stages. At the leave stage, the Court determines whether there is an arguable issue warranting review. If leave is granted, the matter proceeds to the second stage, where written submissions and, in some cases, oral arguments are considered. If the application is successful, the decision may be set aside and returned to a different immigration officer for reconsideration.
At Summit Point Law, we assist clients in assessing whether a judicial review is appropriate, meeting filing deadlines, and preparing focused legal submissions at both stages of the process.