Immigration Judicial Reviews

If you believe that an error was made in your case by either an immigration officer or a hearings tribunal, you can apply for judicial review with the Federal Court of Canada. In order to file a Judicial Review application you must make sure you file your application within the time deadline which can range from as little as 15 days to 60 days following the decision.

There are several situations where you may wish to consider filing a judicial review application:

PERMANENT RESIDENT VISA REFUSALS

  • Refusal of skilled worker application
  • Refusal of business class application
  • Refusal of humanitarian and compassionate (H&C) cases

TEMPORARY STATUS REFUSALS

  • Refused visitor visas
  • Refused work or study permits
  • Refusal of temporary resident permits

REFUSALS BY IMMIGRATION TRIBUNAL

  • Refused sponsorship appeals
  • Refused residency appeal
  • Orders of continued detention

REJECTED PROTECTION CLAIMS

  • Rejected refugee claims
  • Rejected PRRA application

A Judicial Review application is a complex procedure that requires adherence to strict court filing procedures and deadlines. Consulting a lawyer is recommended before engaging in the process of filing a Judicial Review application.

After filing your judicial review application you may wish to apply for a stay (see below) if your removal from Canada is imminent. If you have been scheduled for removal from Canada you may wish to file a stay motion with the Federal Court. If successful, a judge may allow you to stay in Canada until your application or judicial review is heard in full.

    CIRCUMSTANCES UNDER WHICH TO CONSIDER STAY APPLICATIONS

  • Deportation while waiting for humanitarian and compassionate cases
  • Deportation while waiting for spousal sponsorship application to be processed
  • Deportation following failed PRRA application

There are many factors to consider before filing a judicial review of stay application in the Federal Court. We invite you to contact our office to discuss the circumstances of your case with a lawyer. We can assist you to understand the merit of your case and help you to decide whether pursuing a judicial review is the right course of action in your case.

Immigration Assessment Recommendations from our Clients

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Mitelut International
Law Corporation & Notary Public Office

Suite 804 - 525 Seymour Street
Vancouver, British Columbia, V6H 3B7
Canada

Tel: 604-678-9180
Fax: 604-678-9182
eMail: info@mitelut.com

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