Administrative
law, an essential component of public law, governs the exercise of government
power in relation to citizens. This body of law defines the legal and
institutional context within which government decision-makers act and ensures
that their decisions are made in a manner that is fair and follows the law.
Most of Canada’s immigration law is administrative law because it involves the
exercise of authority given to public officials in legislation like the
Administrative Decision-Making in Immigration
The majority
of immigration decisions are made by government administrators who implement
the rules set out in immigration legislation and regulations. Depending on the
requirements of the statute, decision-making can be a routine, streamlined
process (i.e., the granting of an application). In other cases, a decision will
be made in the context of a more formal, quasi-judicial proceeding.
In quasi-judicial cases, a decision is usually made
after a hearing before a neutral decision-maker from an independent
administrative tribunal. For example, the Immigration and Refugee Board (IRB)
is an independent administrative tribunal that makes decisions on cases of
refugee claims, immigration appeals, and admissibility.
The Role of Administrative Tribunals
Administrative
tribunals are similar to courts, but with less formal processes. In a hearing
before a tribunal, each side may present arguments and submit evidence to be
considered by the decision-maker. Parties to a tribunal process must at least
be given an opportunity to be heard and to respond to the issues affecting
their case. This does not mean, however, that each case must necessarily be
given a full oral hearing like a court proceeding. The degree of procedural
fairness required depends on the legislation creating the tribunal. All
decisions must be fair, based on relevant considerations, and made by an
impartial decision-maker.
Judicial Review and Appeals
It is
possible, in some cases, to challenge administrative decisions using a process
known as judicial review. On judicial review, a court may determine whether a
tribunal has acted within its jurisdiction, followed by the proper procedures,
or properly exercised its discretion.
Judicial
review is different from an appeal, which considers whether the decision itself
was correct; in most cases, only tribunal decisions that are permitted to be
appealed in the legislation creating the tribunal may be appealed.
Administrative law is key to understanding how
immigration decisions are made in Canada, because the majority of matters
involve complex procedures, tribunals and judicial review of administrative
decisions.
At A&M Canadian Immigration Law Corporation,
our lawyers assist clients in understanding their rights with respect to
immigration decisions, hearings and appeals. If you need assistance with an
immigration decision or administrative tribunal process, booking a consultation
with an A&M lawyer is the best way to ensure that your case will be
processed with knowledge and expertise.
