Federal Court Matters (Judicial Review & Writ of Mandamus)
A Judicial Review (JR) is a legal process where the Federal Court of Canada reviews an immigration decision to determine whether it was reasonable, lawful, and procedurally fair. The Federal Court of Canada reviews an immigration decision for errors of law or fact. It is not a re-application or new hearing, but challenges a decision that ignored or improperly assessed evidence, or reached a conclusion directly contradicted by the evidence provided.
Writ of Mandamus
A Writ of Mandamus is a Federal Court remedy that compels IRCC to make a decision on your immigration application when unreasonable delays occur through no fault of the applicant. It ensures the decision-maker acts within a reasonable timeframe, but does not guarantee a positive outcome on your application.
What Immigration Decisions Can Be Challenged?
Temporary Visas
Visitor Visa Refusals (TRV), Study Permit Refusals, and Work Permit Refusals (including LMIA-Based).
Permanent Residency
Permanent Residence Application Refusals and Procedural Fairness Letter Decisions.
Enforcement & Appeals
Decisions of Refugee Appeal Division, PRRA Refusals, and Removal Orders.
What are the deadlines to start a Judicial Review?
Strict timelines apply. Missing the deadline may eliminate your right to challenge the decision:
•15 days from the date you receive the decision (if the decision-maker is located inside Canada).
•60 days from the date you receive the decision (if the decision-maker is located outside Canada).
Stages of a Judicial Review
Filing the Application
The process begins by filing an Application for Leave and Judicial Review within the applicable deadline.
Written argument
Both parties submit written legal arguments and supporting materials to the Court. Many cases are resolved at this stage.
Leave Stage
The Federal Court first decides on written materials whether to grant 'leave', which means permission for the case to proceed to hearing.
Federal Court Hearing
In some cases, the Court may schedule a hearing where legal counsel presents arguments before a Federal Court judge.
Court Decision
If the Court finds the decision unreasonable, it may set aside the decision and send the application back to a different immigration officer for reconsideration.
What Happens if a Judicial Review Is Granted?
If the Court finds the decision is unreasonable, it may set aside the decision and send the application back to a different officer for reconsideration. The Court does not substitute its own decision, but ensures that the original decision was made fairly and in accordance with the law.
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