Exploring Judicial Review for Canadian Immigration: FAQ

Exploring Judicial Review for Canadian Immigration: FAQ

Introduction

Today's article dives into the legal recourse available to those facing a visa refusal in Canada: the judicial review process, initiated through an application for leave and judicial review with the Federal Court of Canada. You might be wondering, what exactly does judicial review entail for individuals in this situation? We're here to address several of the most commonly asked questions about this increasingly sought-after option for visa applicants.

What is judicial review, and how can it help if my Canadian visa application is refused?

For a comprehensive overview of the judicial review process, kindly refer to our previous article detailing the judicial review process. However, in sum, judicial review is a mechanism allowing applicants to obtain the cancellation of their visa refusal through a decision by the Federal Court of Canada.

• How do I know if my visa refusal is a good candidate for judicial review?

Any refusal decision can be the subject of an application for leave and judicial review. That said, decisions that seem unreasonable or that contain mistakes in the reasons are excellent candidates for judicial review. The assistance of a legal practitioner can help you in determining whether your decision is a good candidate for judicial review.

• When can I apply for judicial review?

You can apply for judicial review within a delay of 60 days for decisions arising from outside Canada (through an embassy, for instance), or a delay of 15 days for decisions arising from inside Canada.

• What is the approximate duration of the judicial review process?

Every case is subject to its delay; however, an average duration of 9 to 16 months is to be expected until a decision is made by the Federal Court. That said, a settlement with IRCC’s solicitor may be achieved at any moment after the start of the judicial review process. 

• What kind of evidence is required to support my case in a judicial review?

The relevant evidence in a typical judicial review file may include but is not limited to the content of the application that was refused, i.e. the forms and the submitted documents, as well as your refusal letter and the officer’s notes. 

• What are the possible outcomes of a judicial review, and how will they affect my status?

There are two possible outcomes for a judicial review process. Your application may be granted, in which case your refusal will be overturned, and your file will be reopened by a different IRCC visa officer. That said, the Federal Court cannot replace your refusal with an acceptance, normally, it can only direct IRCC to cancel your refusal. Otherwise, your application may be dismissed, in which case the refusal decision will be maintained. 

• What is a settlement offer and what does it entail? 

A settlement offer is a private agreement between the applicant and IRCC’s solicitors to end the judicial review before the Federal Court renders a final decision. The typical terms of the settlement agreement are similar to the application for judicial review being granted, i.e. the cancellation of the refusal and the redetermination of your visa application by another officer.

• Does IRCC communicate with the applicant after a settlement? If so, when should the applicant expect to receive information from IRCC? 

Yes, in an approximate delay of 1 to 4 months, IRCC will communicate with you through the portal to inform you of the reopening of your file’s processing, and the opportunity to submit new documents if necessary.

• How much does it cost to pursue a judicial review for a visa refusal?

Aside from the legal representation fees, it costs 50 CAD to apply for leave and judicial review with the Federal Court of Canada.

• If my judicial review is successful, will I automatically be granted a visa?

No. In normal circumstances, a successful judicial review process, whether through a Court decision or a settlement, leads to the overturning of your visa refusal and the redetermination of your file by another officer.

• Can I apply for judicial review on my own? Can I be represented by my immigration consultant? 

Yes, self-representation is possible in the context of judicial review. However, legal representation allows you to navigate this complex process with more ease. That said, only a lawyer who is a member in good standing of a Canadian law society can represent. As such, an immigrant consultant who is not a lawyer may not represent you in your judicial review.

Conclusion

Judicial review is an interesting solution for your visa application refusal. If you are considering applying for judicial review, contact us to schedule a consultation at Canadian Future.

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