3. Appeals & Hearings
  4. Judicial Review

Appeals & Hearings

Your trusted partner for immigration representation and advocacy

Appeals & Hearings

Judicial Review

What is a Judicial Review?

To create a distinction, a judicial review of a judgment entails that the Court cannot replace the decision of the decision maker with its own. On an appeal, the judge renders a decision based on the position that the judge believes to be the correct one. To be more specific, getting the appropriate result is what appeals are concerned with. However, judicial review is focused on how a decision was reached.

For judicial review, the Court will look at the decision-making process and assess whether it was fair and reasonable. If the Court finds that it wasn’t, it can only nullify the decision at issue and mandate a new one.

Leave Required

It denotes consent for the case to be heard orally by the Court in order to be decided.

Time limit for filling application for leave

  1. An application to review an officer’s decision in a case that arises in Canada is the first stage. If it is not started within 15 days after the date, it will become aware of the situation.
  2. The review of an officer’s decision in a case that arises outside of Canada is the second step. If it is not started within 60 days of the date, it will become aware of the issue.
  3. The third step is a request for leave and judicial review of an IRB decision by the Minister of C&I or the Minister of PSEP. Within 15 days, leave and judicial review must begin.

The Leave Stage Process

The applicant has 30 days from the time the application is started to submit the Application Record. Within 30 days of receiving the Rule 9 letter’s response, the application record must be submitted.

Within 30 days of receiving the Application Record, the applicant’s respondent submits their supporting documentation.

Keep reminded. If permission is granted, the hearing shall take place no earlier than 30 days and no later than 90 days after the permission was given.

Appeal to the Federal Court of Appeal

In order for a complete hearing, it is required to take place at a minimum of 30 days and a maximum of 90 days from when permission has been granted. Bear in mind that the federal court judge’s determination on the request for leaves is conclusive and not subject to appeal. If an individual or group wishes to have an important matter certified, they are required to provide an exact and specific question that pertains to the issue at hand.

Generally speaking, when the Court deliberates on a specific application and considers a new issue that is likely to surface in forthcoming cases, it will give rise to an important and profound question of wide-ranging significance.

An appeal’s resolution procedure typically takes two years.

The Supreme Court Act, subsection 40(1), permits appeals from decisions of the Federal Court of Appeal to the Supreme Court of Canada, but only with the permission of that court. The appellant has two months to submit his or her request for leave. Without expediting the procedure, the Court typically takes 2 years to decide an appeal.