Being a hub of providing latest opportunities for the immigrants from all around the World, the Canadian government goes up to every possible manner to satisfy the immigrants about the desired application. In this regard, they have set up the policy stated as Judicial Review which allows the immigrants to consult the federal Courts of the Country to know about their immigration decisions.
Under Canada’s immigration law, you can ask the Federal Court of Canada to review immigration decisions.
The process is composed of different deadlines, if the Immigration and Refugee Board (IRB) has rejected your claim for refugee protection, you must file an application for a Federal Court review within 15 days of the IRB decision. If you want to apply for a review, you may want to get legal advice as soon as possible. If the Court agrees with the IRB’s original decision and finds there was no error, you will have to leave Canada.
A review by the Federal Court is a 2-stage process:
– leave stage
– judicial review stage
Following are the conditions for allowing an application for judicial review:
(a) The decision-maker made an error in law, whether that error is obvious or not.
(b) The decision-maker got the facts wrong at a fundamental level, or appears to have ignored a fact of fundamental importance.
(c) The decision-maker violated a principle of natural justice or failed to observe procedural fairness.
(d) The decision-maker’s decision goes beyond the authority conferred upon the decision-maker by the IRPA and the Regulations [section 18.1(4), Federal Courts Act].
First, an application to review an officer’s decision in a matter arising in Canada. The application for judicial review must be commenced within 15 days after the date on which the person concerned is notified of. Second is the review of an officer’s decision in a matter arising outside Canada, the application must be commenced within 60 days after the date on which the person concerned is notified of. The application is then viewed by Minister of C&I or the Minister of PSEP.
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