Federal Court Appeals
In general, under Canada’s immigration law, you can ask the Federal Court of Canada to review decisions related to immigration. A lawyer must apply for judicial review on your behalf.
Most often, there are deadlines by which you are allowed to apply for review by the Federal Court. For example, if the Immigration and Refugee Board (IRB) has rejected your claim for refugee protection, you only have 15 days after the IRB decision was issued to file an application to ask for a Federal Court review.
There is two-stage process when reviewing by Federal court. In the first stage, which is known as the “leave” stage, the Court reviews the documents related to your case. You must show the Court that an error was made in the decision, or the decision was not fair or reasonable.
If leave is given, this means the Court has agreed to examine the decision in depth. At this second stage, called “application for judicial review,” you and your lawyer can attend an oral hearing before the Court and explain why you believe the original decision was wrong.
In the case of decisions made by the IRB, a request for review by the Federal Court automatically puts a removal order on hold, and you can stay in Canada until the Court makes its decision.
For more information on Federal Court applications, contact us today!