In the complex world of Canadian immigration law, individuals may sometimes face wrongful or unreasonable visa refusals, lengthy delays, or other decisions by immigration authorities that adversely affect their lives and families. The Federal Court of Canada offers a recourse known as judicial review, allowing individuals to challenge these decisions, providing hope for justice when all other avenues have been exhausted.
Below, we’ll explore the stages of judicial review in an immigration matter at the Federal Court of Canada, explain what it means to receive a “grant of leave for oral hearing,” and how this significant step impacts the case.
1. Starting the Process: Filing for Judicial Review
The first step in seeking justice in immigration matters is filing for judicial review. This step is taken after a visa application is refused or an unfair decision is made by immigration authorities, such as the Immigration, Refugees and Citizenship Canada (IRCC) or the Immigration and Refugee Board of Canada (IRB). In this case, Fateh Law Corporation filed for judicial review in a matter involving a delay in a spouse visa, seeking accountability from immigration authorities to expedite the process and support family reunification.
What is a Judicial Review?
A judicial review is a legal process where a judge reviews the legality, reasonableness, and fairness of a government decision. In immigration matters, judicial review is often the last resort for applicants seeking to overturn decisions, such as visa denials, deportation orders, or prolonged delays. Importantly, it does not guarantee a new decision but ensures that the decision under review was made according to the law.
2. Filing an Application for Leave and for Judicial Review
To proceed with judicial review, the applicant must first file an Application for Leave and for Judicial Review within the Federal Court of Canada. This application requests permission (or “leave”) to have the case reviewed by the Court. Supporting this application, the applicant typically submits a Memorandum of Argument and Affidavit, detailing why the decision was unreasonable or unjust and citing specific legal grounds.
For example, in the spouse visa delay case handled by Fateh Law Corporation, the legal team submitted an application outlining the impact of the delay on the family and the unreasonableness of the immigration authorities’ actions. The goal was to convince the Court that the case warranted further examination.
3.The Grant of Leave: What Does It Mean?
The grant of leave is a critical stage in judicial review. This means that the Federal Court has reviewed the written submissions, identified sufficient legal grounds, and found that the case deserves a full hearing. Not all applications for leave are granted, and receiving one signals that the Court acknowledges a potential legal issue with the immigration decision.
In the case of Fateh Law Corporation, after reviewing the submitted arguments and affidavit, Madam Justice St. Louise granted leave on October 31, 2024, recognizing the potential merit in challenging the spouse visa delay. This decision scheduled an oral hearing on January 8, 2025, providing the applicant with a 90-minute opportunity to argue the case in person before the Court. With over 11 years of litigation experience in Federal Court immigration matters, Mr. Fateh is prepared to use this time to advocate vigorously for the client’s rights.
Why Is the Grant of Leave Important?
The grant of leave adds significant weight to the case. It not only validates the applicant’s concerns but also places pressure on the government to address them. A judge’s decision to move forward suggests that the case involves substantial issues of law or fairness that warrant further consideration. For Fateh Law Corporation and its client, this is a major step, as it demonstrates the judge’s recognition of the urgency and potential injustice in the visa delay.
4. The Oral Hearing
Following the grant of leave, the next stage is the oral hearing. This is where the legal arguments are presented in person before the judge, giving both parties the chance to support their positions. During this hearing, Mr. Fateh will present evidence and arguments to demonstrate why the visa delay is unreasonable and why it requires rectification.
The oral hearing allows for direct interaction between the lawyers and the judge, who may ask questions or request clarification on certain points. The government, represented by the Department of Justice, may also provide counterarguments. The aim is to convince the judge that the immigration authority’s decision (or lack of action) should be overturned or sent back for reconsideration.
5. Awaiting the Decision
After the oral hearing, the Court will review all arguments, evidence, and applicable laws before rendering a decision. The judge can either:
- Grant the Application: This means the judge finds that the immigration authority’s decision was unreasonable or unjust. The case may then be returned to the IRCC or IRB for a new decision, with instructions to follow specific guidelines.
- Deny the Application: If the Court denies the application, the original decision stands, and no further review is granted. However, in certain cases, there may be grounds to appeal the Court’s decision.
Final Thoughts: Why Judicial Review Matters
In immigration law, judicial review offers a vital path for justice. For Fateh Law Corporation’s client facing a prolonged spouse visa delay, the grant of leave provides hope for a fair resolution and a pathway to family reunification. With the judge recognizing the importance of this issue, the legal team is optimistic that justice will prevail.
Each stage of judicial review in the Federal Court of Canada plays a unique role in ensuring that immigration decisions are made in accordance with Canadian law and values of fairness. The process is a testament to the importance of accountability and the role of the courts in protecting individuals from unreasonable government actions.
For any individual or family facing immigration challenges, the Federal Court offers a lifeline—a chance to seek a fair hearing and to challenge injustices through a judicial review. With skilled legal representation and a well-prepared case, applicants can make their voices heard, pursue their rights, and advocate for their future in Canada.
Fateh Law Corporation remains dedicated to providing clients with experienced legal representation, standing by their side through every stage of the judicial review process.
Fateh Law Corporation
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