If you have received a negative decision from immigration, you can submit a Federal Court judicial review request to the Federal Court of Canada within the required deadlines.
The first step is to file an Application for Leave and for Judicial Review at the Federal Court followed by the Application Record within 30 days.
If your case is accepted to proceed to a hearing (called “leave granted”), a Federal Court judge will review the refusal and listen to argumentation by your lawyer as well as by the lawyer representing immigration and determine whether the decision was reasonable or unreasonable.
Once the Application Record has been filed, it will take approximately 3-5 months to get a decision on the leave application. If leave is granted, the hearing will usually be scheduled within 2-3 months.
Should the Federal Court determine that the decision was unreasonable, your application will be sent back to the office that handled your case and a different immigration officer will review and re-assess your application based on the Federal Court decision.
Only certain refusals deserve to be reviewed by the Federal Court Judicial Review. If you submitted a strong case to immigration and it was refused without proper reasoning, please contact our office and we will go over the decision with you and determine whether a judicial review is recommended.
Here are some additional resources to help you address a refusal or address a Judicial review.