Judicial Reviews & Appeals
Judicial review is available for many different types of decisions, for example, judicial review can be sought from a:
- refusal of refugee status;
- refusal of a visa;
- refusal of an application for permanent residence;
- determination of inadmissibility; and
- refusal to re-open a case.
A refugee claimants must demonstrate that they cannot go back to their country of origin because they fear persecution based on their race, religion, political opinion, nationality or because of a particular social group they are a part of. They will also be protected in Canada if they can demonstrate that they face a risk to their life or a risk of torture, cruel or unusual treatment, or punishment in their country of origin.
Humanitarian & Compassionate Applications
In Canada, individuals already residing can seek permanent residence through a Humanitarian and Compassionate (H&C) application. The decision considers their establishment in Canada, potential hardship upon return to their home country, and the well-being of affected children. The decision maker assesses if sufficient humanitarian reasons warrant granting permanent residency from within Canada.