If you receive a negative immigration, refugee or citizenship decision, you may be able to have that decision reviewed by a judge at the Federal Court of Canada.
A judicial review is similar to an appeal of a decision. The judge reviewing your case will look at the decision that has been made and decide if it is a reasonable decision or not. After reviewing your case, the judge may set aside the refusal if the decision was made in error, if it was procedurally unfair, or if the decision-maker failed to properly exercise their decision-making power. The judge may also strike down a law that is unconstitutional.
Having your case reviewed by the Federal Court is a two-step process. First, a judge must agree that it is appropriate for the Federal Court to hear your case. This is called “granting leave”. If leave is granted, you will be given an opportunity to have a hearing where your lawyer makes arguments in support of your position that the decision you received should be set aside. There are strict time limits for when an application for judicial review can be made.
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