Once the application for leave and judicial
review is filed, the applicant has thirty days (if residing in Canada,
and 60 days-if residing outside Canada) in which to file an Application
Record. If leave for judicial review is denied, the application is
dismissed and proceeds no further because there is no right to appeal
from this decision. If leave is granted, the proceedings move to the
second stage, the application for judicial review.
Judicial review addresses the manner in which the decision is made.
If the judicial review application is granted, the application is
remitted for re-determination by a different visa officer. The main
reasons for allowing an application for judicial review are:
• the decision maker made an error in law,
whether the error is obvious or not;
• the
decision maker got the facts wrong at a fundamental level, or appears
to have ignored a fact of fundamental
importance;
• the decision maker violated a
principal of natural justice or failed to observe procedural fairness;
• The decision maker’s decision goes
beyond the authority conferred upon him/her by the Immigration
and Refugee Protection Act and its Regulations.
If you have made an application within or outside Canada for refugee;
visitor visa: student visa; work permit; live-in-caregiver; humanitarian
and compassionate application; or an extension of your temporary
residence visa, and your application has been refused or rejected,
our immigration appeals attorney specialized in this area of practice,
can assist you in making an application for leave and a judicial
review of your negative decision.
Please complete the application form below and our scope of services,
fees and retainer will be sent to you via email.
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