Judicial Review in Federal Court
If you have received a refusal of a visa, a permanent residence application, or an adverse decision from an immigration tribunal, you may be able to challenge that decision by filing an Application for Leave and Judicial Review in the Federal Court of Canada.
The Federal Court has jurisdiction over decisions made under the Immigration and Refugee Protection Act. However, before the Court will hear your case, you must first obtain “leave” (permission from the Court) by demonstrating that your application raises an arguable issue. Leave is not automatic, and many applications are dismissed at this preliminary stage if they are not properly prepared.
The judicial review process begins with the filing of a Notice of Application for Leave and Judicial Review. This document must be served on the Department of Justice and filed with the Federal Court Registry.
There are important filing deadlines to remember:
- Decisions made inside Canada: the Notice of Application must be filed within 15 days of the date you received or otherwise became aware of the decision.
- Decisions made outside Canada: the deadline is 60 days from the date you received or otherwise became aware of the decision.
Missing these deadlines can be fatal to your case.
Written Reasons and Perfection of the Record
- Your Notice of Application must also indicate whether written reasons for the decision have already been received.
- If written reasons are available, the applicant has 30 days to “perfect” the application record.
- If written reasons have not yet been issued, the deadline to perfect the record begins once reasons are received pursuant to Rule 9 of the Federal Court Rules.
Leave Decision and Hearing
After the applicant’s materials are filed and the Department of Justice has an opportunity to respond, the full record is sent to a Federal Court judge to determine whether leave should be granted.
If leave is granted, the judicial review will be scheduled for a hearing before the Federal Court. If leave is denied, the matter ends.
Federal Court proceedings are formal, technical, and procedurally demanding. Applicants are strongly advised to be represented by experienced counsel.
If the judicial review is successful, the impugned decision will be set aside (quashed), and the matter will be sent back for redetermination by a different decision-maker.
The Court does not substitute its own decision; it ensures the law was properly applied. There is no automatic right of appeal from a Federal Court decision. An appeal is only possible if the trial judge certifies a question of general importance for consideration by the Federal Court of Appeal. In most cases, Federal Court decisions are final.
Trusted Experience with Judicial Review Applications
The lawyers at Mamann Sandaluk LLP have extensive experience representing clients in Federal Court applications. For decades, we have assisted individuals and families in overcoming inadmissibility, lack of status, and other immigration barriers, helping them secure permanent residence and build stable futures in Canada.
If you are considering challenging an immigration decision in the Federal Court of Canada, or if your immigration situation is complex or uncertain, we encourage you to seek legal advice as early as possible.
Contact Mamann Sandaluk LLP today to schedule a confidential consultation with an experienced Canadian immigration and refugee lawyer and learn how we can help you move forward.
Frequently asked questions about
Judicial Review in Federal Court
Perfecting the application record is one of the most important stages of the judicial review process. This is where the case is won or lost.
- A complete application record typically includes:
- An affidavit setting out the relevant facts
- Exhibits containing all documentary evidence relied upon
A detailed memorandum of law and argument, explaining how the decision-maker committed an error of law, jurisdiction, or procedural fairness. The memorandum is where legal errors are clearly identified and supported by case law.
If you miss the deadline to file your Notice of Application, you may still file it, but you must include a request for an extension of time. When you later perfect your application record, the perfected record should include a formal motion seeking an extension of the original deadline to file the Notice of Application.
If you miss a deadline that arises after the Notice of Application has been filed, you will generally be required to bring a separate motion in the Federal Court seeking an extension of time to comply with that deadline.
If the Federal Court refuses to grant leave for judicial review, that decision is final. There is no right of appeal or other mechanism to challenge a denial of leave.
Typically, the Federal Court judge will invite submissions on whether a question of general importance should be certified at the conclusion of the judicial review hearing. These submissions may be made orally at the hearing or, in some cases, the Court may invite written submissions after the hearing has concluded. The issue of certification is addressed in the Court’s reasons at the conclusion of the judicial review decision.
Perfecting the application record is one of the most important stages of the judicial review process. This is where the case is won or lost.
- A complete application record typically includes:
- An affidavit setting out the relevant facts
- Exhibits containing all documentary evidence relied upon
A detailed memorandum of law and argument, explaining how the decision-maker committed an error of law, jurisdiction, or procedural fairness. The memorandum is where legal errors are clearly identified and supported by case law.
If you miss the deadline to file your Notice of Application, you may still file it, but you must include a request for an extension of time. When you later perfect your application record, the perfected record should include a formal motion seeking an extension of the original deadline to file the Notice of Application.
If you miss a deadline that arises after the Notice of Application has been filed, you will generally be required to bring a separate motion in the Federal Court seeking an extension of time to comply with that deadline.
If the Federal Court refuses to grant leave for judicial review, that decision is final. There is no right of appeal or other mechanism to challenge a denial of leave.
Typically, the Federal Court judge will invite submissions on whether a question of general importance should be certified at the conclusion of the judicial review hearing. These submissions may be made orally at the hearing or, in some cases, the Court may invite written submissions after the hearing has concluded. The issue of certification is addressed in the Court’s reasons at the conclusion of the judicial review decision.
