Process and Procedures of Judicial Review

Challenging an immigration refusal through Judicial Review can be complex, and it is strongly recommended to seek legal guidance. You will be presenting your case against the Department of Justice, which is prepared to defend the officer’s decision. The process involves several key steps:

1. Filing the Application for Leave
The first formal step is to file an Application for Leave for Judicial Review with the Federal Court. Under the consolidated Federal Court procedures, the requirement to serve the respondent before filing the Leave application has been waived. Once filed, the Court notifies the respondent and orders the production of the Rule 9, which contains the officer’s detailed reasons for the refusal.

2. Preparing the Application Record
Upon receipt of the Rule 9, you have 75 days to prepare the application record. If the Rule 9 is delayed or unavailable, the 75-day period still applies. The record must be meticulously prepared because the strength of the argument determines whether the Court will grant Leave. Once perfected, the application record is served to the Department of Justice, acknowledged, and then officially filed with the Court.

3. Respondent’s Response and Settlement
The Department of Justice has 30 days to either make a settlement offer or contest the application. If a settlement is offered, the applicant files a Notice of Discontinuance, signaling that the Court proceeding will end, and IRCC is instructed to redetermine the application with a new officer. This redetermination may include providing updated or additional documents, such as bank statements, within a short deadline.

If no settlement is offered, the Department of Justice files a counter-argument. The applicant may optionally respond within 10 days, and the respondent may file a further counter within 10 days.

4. Court Decision on Leave
After these submissions, the Court considers whether to grant Leave. If Leave is refused, the process ends. If granted, the Court orders production of the tribunal record, which includes all materials the officer had when making the original decision.

5. Hearing and Outcome
A hearing date is scheduled, where the applicant (through counsel) presents their case. If the Judicial Review succeeds, the Court orders the application to be redetermined by a different officer.

Timeline: The entire process typically takes about three months if a settlement is reached, or four months if the matter proceeds to hearing.

At A&M Canadian Immigration Law Corporation, we guide applicants through every step of Judicial Review, from filing Leave applications and preparing records to managing responses and hearings. We help ensure that your arguments are presented clearly and effectively, increasing the chances that an improperly made refusal will be reviewed and corrected.