Judicial Reviews & Appeals

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Judicial Reviews & Appeals In Canada

ACE Associates can simplify the judicial review process, guiding you every step of the way.

Need To Know

What is a Judicial Review and Appeal in Canada?

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Our Expertise in Immigration Appeals

If your visa or Canadian immigration application is rejected for specific reasons, you can appeal through a judicial review with the help of a Canadian immigration lawyer at ACE Associates who can assist you in submitting the appeal to the authorities.

Judicial Review vs. Appeal Explained

Difference Between a Judicial Review and an Appeal?

A judicial review looks at decisions made by administrative tribunals, while an appeal focuses on decisions made by courts. Tribunals are less formal than courts in Canada’s legal system. For the process to go smoothly, consult a Canadian immigration lawyer at ACE Associates.

When to Apply for Judicial Review in Canada?

If you want to challenge a decision made by a government authority, like Canadian immigration, you must apply for a judicial review within 30 days of that decision, according to the Judicial Review Procedure Act. However, the court can extend this time if there are good reasons and it won’t harm anyone. If you can appeal or ask for a decision reconsideration, the court might wait until you’ve finished that process before reviewing the decision. Usually, decisions should be final before going through a judicial review.

Judicial Reviews at the Federal Court

Several judgments can be subject to judicial review. Some of the decisions that fall under this category are those that deny someone their refugee status, refuse to grant them a visa, deny them an application for permanent residency in Canada, find them ineligible, and refuse to reopen a case.

What to keep in mind about judicial review?

A judicial review is not like having your case heard again or getting a second chance. The judge doesn’t look at whether they would have decided things differently. Instead, in a judicial review, the judge mainly checks if the tribunal has the right to make the decision and if they did it fairly. The government lets tribunals decide on specific issues, trusting their expertise. So, the court doesn’t quickly change a tribunal’s decision.

Appeals to the Federal Court of Appeal

In certain instances, rulings from either the Federal Court or the Ontario Superior Court can be subject to appeal, with the option to pursue appeals at either the Federal Court of Appeal of Canada or the Ontario Court of Appeal. Given that a significant number of Canadian immigration cases are adjudicated in the Federal Court, appeals in these matters typically proceed to the Federal Court of Appeal.

The Results of a Judicial Review

If the Federal Court grants your application for judicial review, IRCC’s decision will be set aside. This means that the rejection will be overturned. Your original application will be returned to IRCC. A different immigration officer will reconsider your application based on the information originally provided at the time of your initial application.

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