Appeals and Judicial Review

Judicial Review of Immigration, Refugee, and Citizenship Decisions

The Federal Court plays a crucial role in overseeing and ensuring the fairness and legality of decisions made by various bodies and officers involved in immigration, refugee, and citizenship matters. Judicial review by the Federal Court serves as a vital check on the decisions made by the Immigration and Refugee Board of Canada (IRB), immigration officers, Canada Border Services Agency (CBSA) officers, and citizenship officers.

Scope of Judicial Review

The Federal Court's jurisdiction includes reviewing decisions made by the following bodies and officers, among others:

1. ‍Immigration Division (ID): The ID handles matters related to the admissibility of individuals to Canada and conducts detention reviews for those held under immigration laws. If an individual believes that the ID's decision was erroneous or violated procedural fairness, they can seek judicial review by the Federal Court.‍
2. Immigration Appeal Division (IAD): The IAD manages appeals concerning family sponsorships, removal orders, and residency obligations. Decisions made by the IAD can be challenged in the Federal Court if there are grounds to believe that the decision was incorrect, unreasonable, or procedurally unfair.‍
3. Refugee Appeal Division (RAD): The RAD reviews appeals from refugee claimants whose applications have been denied by the Refugee Protection Division (RPD). The Federal Court can review decisions made by the RAD if there are legal or factual errors or if the decision was made without regard to the principles of natural justice.‍
4. Decisions by Immigration Officers: Immigration officers make numerous decisions that can significantly impact individuals' lives, including visa refusals, temporary residence permits, and other immigration applications. Judicial review by the Federal Court is available if an individual believes an officer’s decision was made in error or was procedurally unfair.‍
5. Decisions by CBSA Officers: CBSA officers enforce immigration laws and make determinations related to admissibility and removal orders. Decisions made by CBSA officers can be subject to judicial review if there are grounds to challenge their legality or fairness.‍
6. Decisions by Citizenship Officers: Citizenship officers make decisions on applications for Canadian citizenship. If an application for citizenship is denied, the applicant can seek judicial review by the Federal Court. This process examines whether the citizenship officer followed legal procedures and made a decision in accordance with the law, based on the facts and evidence before them.

The Judicial Review Process

Judicial review is a legal process in which the Federal Court examines the decision-making process of the IRB, immigration officers, CBSA officers, or citizenship officers to ensure that it was conducted in accordance with the law. Judicial review is not an appeal; the court does not reassess the evidence or make a new decision. Instead, it focuses on whether the decision-maker followed correct legal procedures, applied the law correctly, reasonably considered the facts and evidence, and respected the principles of natural justice.

To initiate a judicial review, the applicant must first seek leave (permission) from the Federal Court. If leave is granted, the court will then proceed with a full hearing of the case.

Importance of Legal Representation

Given the complexities of judicial review, having skilled legal representation is crucial. Our knowledgeable immigration lawyers can effectively prepare the application for leave, craft persuasive legal arguments, and navigate the procedural requirements of the Federal Court. A lawyer’s expertise can significantly impact the outcome, whether the goal is to have a decision quashed, varied, or upheld. Our legal team ensures that your rights are fully protected throughout the judicial review process, increasing the likelihood of achieving a favorable result.