Joel Sandaluk of Mamann Sandaluk discusses the process for challenging refused immigration applications through an application for judicial review in the Federal Court of Canada. He explains how the judicial review process works, including the requirement that the Court first grant leave before it will consider the merits of most immigration cases.
In this discussion, Joel outlines the scope and limitations of judicial review, emphasizing that the Federal Court does not simply reconsider an immigration application or substitute its own decision for that of an immigration officer or tribunal. Instead, the Court reviews the lawfulness and reasonableness of the decision-making process and, where appropriate, may set aside an unreasonable or procedurally unfair decision and return the matter for redetermination.
Only a lawyer is permitted to represent clients in Federal Court
The interview also explains who may represent applicants before the Federal Court. Joel notes that only lawyers who have been called to the bar of a Canadian province or territory are authorized to represent clients in Federal Court immigration proceedings. While licensed immigration consultants may represent clients before Immigration, Refugees and Citizenship Canada (IRCC) and the Immigration and Refugee Board (IRB) in many circumstances, they are not permitted to act as counsel in the Federal Court of Canada.
This overview provides valuable guidance for individuals seeking to understand the judicial review process after an immigration refusal, as well as the important role that experienced Federal Court immigration counsel can play in challenging unlawful immigration decisions.