Mitelut International Home » Immigration to Canada » Immigration Appeals » Judicial Reviews

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.