why choose us
10+ Years of Litigation Experience
High success rate/ Complex cases
India Office/ Barrister presence
Let's win together
Summary of Judicial Review at the Federal Court of Canada for Canadian Immigration Refusal
Section 72(1) of the IRPA provides the Federal Court of Canada the authority to conduct judicial reviews with respect to any matter- a decisiohe Court will assess on, determination or ordhe Court will assess oer made, a measure taken or a question raised. A Judicial review is a very complicated legal process, where the Federal court of Canada reviews a decision made by decision-makers such as Immigration, Refugees and Citizenship Canada (IRCC), regarding an immigration application. It is important to understand that a Judicial review is not an appeal. If you are a foreign national holding a temporary status, you have the option to apply for a judicial review against the refusal of your application through the Federal Court.
The Court will assess only the record that was before the original decision-maker to determine if the decision was reasonable and legally sound. If you intend to initiate a judicial review, it is essential to retain a qualified Canadian Immigration Lawyer/Barrister, who are authorized to represent individuals before the Federal Court of Canada. Regulated Canadian immigration consultants (RCICs) and licensed paralegals are not permitted to appear in Federal Court proceedings. This requirement is outlined in the Federal Courts Rules.
If your Canadian immigration application has been refused and you believe the decision was made in error or unfairly, you may seek a judicial review at the Federal Court of Canada.
Only a Canadian Barrister & Solicitor can represent you in the Federal Court of Canada. Immigration Consultants (RCIC) cannot represent you in the Federal Court of Canada because they are not lawyers. Here’s what you need to do:
Steps for Judicial Review
1. Review the Refusal Decision:
- Understand the Grounds: Carefully read the refusal letter to understand the reasons for the decision and identify any potential errors in the decision-making process.
- Mark Deadline: Carefully set a limitation date/ deadline to approach the Federal Court of Canada. Refusals or Decisions inside Canada need to be challenged within 15 days and Refusals or Decisions outside Canada need to be challenged within 60 days.
2. Prepare the Application for Judicial Review:
- Draft the Application: Prepare an application for judicial review, detailing the grounds on which you believe the decision was flawed. This includes outlining errors of law, procedural fairness issues, or unreasonable conclusions.
- Gather Supporting Documents: Collect all relevant documents, including the refusal letter, any supporting evidence from your original application, and any other pertinent materials. Make sure to have the exact copy of the Application that was submitted to IRCC. If your representative is refusing to provide all the documents you take disciplinary action against them or apply for the physical copy of the Application from IRCC through an Access to Information and Privacy Act (ATIP) request. ATIP requests can take upto 30-40 days, so be mindful of the timelines.
3. File the Application:
- Submit to Federal Court: File your completed application with the Federal Court of Canada within the specified timeframe, usually 15 days (inside Canada) or 60 days (outside Canada) from the date of receiving the decision.
- Pay Fees: Ensure you pay the required court fees and include proof of payment with your application.
4. Prepare for Court:
- Written Arguments: Develop strong legal arguments to support your case. This involves presenting evidence and arguing why the immigration decision should be reviewed or overturned. This is always supported with an Affidavit to support the arguments. At Fateh Law Corporation we can executed Canadian Affidavits at our Chandigarh, India office in support of your case.
- Attend the Oral Hearing: If leave is granted then Mr. Fateh will himself attend the court hearing, where a judge will review the decision and hear arguments from both sides. Mr. Fateh has over 10+ years of experience in litigating immigration matters in the Federal Court of Canada.
5. Await the Court’s Decision:
- Follow Up: Monitor the status of your case and be prepared to comply with any further instructions or decisions from the court. This involves a redetermination by a different Officer and often an additional document request is also generated before IRCC redetermines the Decision. We highly recommend that you retain us for the redetermination stage to increase your chances of success.
Why You Need an Experienced Canadian Immigration Lawyer (Barrister)
Expert Guidance:
- Navigating Complexities: Judicial review is a complex legal process. An experienced Immigration Lawyer (Barrister) can help you understand the nuances of the law and ensure your application is prepared correctly. Most cases do not need to be
Legal Expertise:
- Strong Legal Arguments: An Immigration Lawyer (Barrister) will craft compelling legal arguments to demonstrate why the immigration decision was flawed and should be reconsidered.
- Proper Documentation: They will ensure that all necessary documentation is correctly prepared and submitted, reducing the risk of errors or omissions.
Representation in Court:
- Effective Advocacy: An experienced Immigration Lawyer (Barrister) can represent you effectively in court, presenting your case clearly and persuasively to the judge. At Fateh Law Corporation we aim to reach the fastest and cost effective method to achieve our results. Most of our cases are settled outside of Federal Court with the Department of Justice. This saves substantial time, costs and efforts to our clients.
- Handling Procedural Issues: They are skilled in managing court procedures and deadlines, ensuring your case progresses smoothly.
Increased Chances of Success:
- Strategic Approach: With their expertise, an Immigration Lawyer (Barrister) enhances your chances of a favorable outcome by addressing legal and procedural issues that could affect the decision.
If your Canadian immigration application has been refused and you believe the decision was unfair or incorrect, pursuing a judicial review at the Federal Court can offer a path to challenge the outcome. This process requires meticulous preparation and expert legal representation to ensure your case is presented effectively.
Why Choose Our Firm:
- Expert Preparation and Filing: Our experienced Canadian Immigration Lawyer (Barrister) will guide you through the intricate process of preparing and filing your judicial review application, ensuring that every detail is handled accurately. We have over 10+ years of litigation experience at the Federal Court of Canada.
- Strategic Legal Representation: We will develop and present strong legal arguments to challenge the immigration decision, maximizing your chances of a favorable outcome.
- Efficient Court Advocacy: With our Immigration Lawyer (Barrister) representing you in court, you’ll benefit from professional advocacy and skilled management of all procedural aspects of your case.
See our client video testimonials regarding Judicial Review at the Federal Court of Canada, where we proudly share the voices of those who have experienced firsthand the dedication and expertise of our law firm. In these interviews, you’ll hear directly from our clients about their journey with us, highlighting their confidence in our services and the positive outcomes we’ve achieved together.
All videos are with Client’s consent and for information only. Please book a paid consultation for legal advice.
why choose us
10+ Years of Litigation Experience
Hight success rate/ Complex Cases
India Office/ Barrister Presence
Let's win together
Please feel free to contact us. We will get back to you with 1-2 business days. Or just call us now.
Our Client Reviews
We are thankful to Mr. Navratan Singh Fateh for getting our TRVs approved.
We had a complicated immigration history in the US, which was very well explained in the Canadian Affidavit executed by Mr. Fateh.
The legal strategy used by Mr. Fateh to submit our applications is commendable, and we are pleased with the positive outcome we have received from having our applications approved in the first go.
We highly recommend the professional services rendered at Fateh Law Corporation and the polite and friendly staff who patiently handled all our queries and helped us secure our visitor visas in time to participate in the wedding ceremony of the devotees.
