Leave Application | Stay of Removal | Mandamus
Judicial Review of Immigration Decisions — Federal Court Canada
What is Judicial Review?
Judicial Review is a process where the Federal Court reviews an immigration decision (e.g. a refusal, a finding of misrepresentation, or a removal order) to determine whether it was made fairly and in accordance with the law. The court does not substitute its own decision for IRCC's; it either upholds the decision or sends it back for a new decision. Only lawyers (or you self-represented) can argue in Federal Court — RCICs cannot represent you in court, but VMC works with authorized lawyers who can.
When to Apply (Deadlines)
For most immigration decisions, you must apply for leave (permission to proceed) within 30 days of the decision. For refugee matters, the deadline is often 15 days. The deadline is strict. If you miss it, you generally cannot pursue Judicial Review. Contact VMC or a lawyer as soon as you receive a negative decision.
Leave Application Process
You first apply for "leave" to the Federal Court. If leave is granted, the court will hear your application for Judicial Review. The process involves filing documents, possibly a hearing, and a decision. If the court quashes the decision, IRCC (or the tribunal) will usually have to re-decide your case.
Grounds for Judicial Review
Common grounds include: procedural fairness (e.g. you were not given a fair chance to respond), errors in law (the decision-maker misapplied the law), and unreasonable decision (the outcome was not justified by the evidence). A lawyer will identify the best grounds for your case.
Stay of Removal — Urgent Relief
If you are facing removal from Canada, you may need to apply for a stay of removal so that you are not removed before the court decides your Judicial Review. Stays are time-sensitive and require strong grounds. VMC can refer you to a lawyer who handles urgent stay applications.
Mandamus — Force IRCC to Decide
A Mandamus application asks the court to order IRCC (or another decision-maker) to make a decision when there has been an unreasonable delay. It does not ask the court to decide the outcome of your application — only to require that a decision be made. Mandamus is used when processing has taken far longer than the published times and there is no reasonable explanation.
VMC's Role
RCICs cannot represent clients in Federal Court. VMC works with authorized immigration lawyers who can file leave applications, stay motions, and mandamus applications. We refer clients to lawyers when Judicial Review is appropriate and support with case preparation and documentation.
Cost and Timeline
Judicial Review involves court fees and typically legal fees. Timelines vary; leave applications can take months, and if leave is granted, the full review can take additional time. Your lawyer will provide a cost and timeline estimate.
Success Rates — Honest Assessment
Success depends on the strength of your grounds (procedural fairness, error of law, or unreasonableness). Not every refusal can be successfully challenged. A lawyer can give you an honest assessment of whether Judicial Review is worth pursuing in your case.
Frequently Asked Questions
Explore Judicial Review — Free Consultation
Speak with a licensed RCIC. No obligation — we guide you through your options.