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Judicial Review

If you’ve received a negative immigration decision, you may be eligible to challenge it through an Application for Leave and Judicial Review at the Federal Court of Canada.

What is a Judicial Review?

Judicial Review is a two-step process:

Leave: In this preliminary step, you request permission from the Federal Court to review the decision. This acts as a filter, ensuring only cases with a strong legal foundation proceed.

Judicial Review: If Leave is granted, the Court reviews whether the decision was reasonable and procedurally fair. Judicial Review does not reweigh facts or introduce new evidence; it evaluates whether the government acted lawfully and fairly.

Key parties include the Applicant (the person challenging the decision), represented by their lawyer, and the Minister of Citizenship and Immigration, represented by a Department of Justice (DOJ) lawyer.

What is Reasonableness and Procedural Fairness?

  • Reasonableness: This test focuses on whether the decision was coherent, logical, and grounded in facts and law. Key questions include: Was the reasoning clear and well-explained? Did the decision-maker ignore critical evidence?

  • Procedural Fairness: This test assesses whether the decision-making process was fair. For example, if a translator made mistakes during a hearing, the process may be deemed unfair.

The Judicial Review Process

  • 1. Filing the Application for Leave: We file the Application for Leave and Judicial Review with the Federal Court Registry within 15 days (for decisions made in Canada) or 60 days (for decisions made outside Canada).

  • 2. Rule 9 Decision Notes: For most cases, we must request the full reasons for refusal (GCMS Notes). This step is skipped for IAD decisions.

  • 3. Application and Respondent Records: After receiving the GCMS Notes, we prepare the Application Record, which includes the GCMS Notes, all the materials from the previous immigration application, and legal arguments. The DOJ then files its Respondent Record in defense of the original decision.

  • 4. Leave Decision: A Federal Court Justice reviews the records and decides whether the case merits a full Judicial Review hearing. If Leave is granted, a hearing is scheduled in about 90 days.

  • 5. Oral Hearing: During the hearing, both sides present their arguments. Possible outcomes include:

    • Allowed: The original decision is quashed and sent back for redetermination by a new officer. While a positive result often follows, a second refusal is possible.

    • Dismissed: The refusal stands. Further appeal to the Federal Court of Appeal is rare.

How Jakabek Immigration Law Can Help

Strategic Early Settlements:

We aim to minimize costs by pursuing early settlements, often after receiving the GCMS Notes or filing the Application Record. While early settlements are increasingly less common due to rising case volumes, filing the Application Record demonstrates our commitment and often prompts settlement.

Transparent Block Fee Model:

We offer a block fee model with fixed charges for each stage of the Judicial Review Process:

  • Block A: Steps 1-2

  • Block B: Steps 3-4

  • Block C: Step 5

This model ensures you know the exact costs upfront and helps you save money if an early settlement is reached.

Comprehensive Legal Support:

With our Federal Court experience, we handle every aspect of your case, including analyzing errors in the original decision, crafting strong legal arguments, and presenting compelling submissions during oral hearings.

By choosing Jakabek Immigration Law, you gain a dedicated legal partner committed to achieving the best outcome for your case.

Contact us today to navigate the complexities of Judicial Review with confidence and professionalism.

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I help people from around the world work, study, visit, and live in Canada. My clients include families looking to sponsor relatives, students and workers looking for a brighter future in Canada or businesses looking to hire foreign workers.

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