When Can a Judicial Review of an Immigration Decision Be Filed?
When an immigration decision goes against an individual, it can be a stressful and overwhelming experience. In some cases, the decision can be appealed to a higher authority. However, there are situations where an appeal is not possible, and the only remaining course of action is to file for judicial review.
Judicial review is a legal process by which a court examines a decision made by an administrative body, such as Immigration, Refugees and Citizenship Canada (IRCC), to determine if it was made in accordance with the law. The purpose of judicial review is to ensure that decisions made by administrative bodies are fair, reasonable, and lawful.
If you have received a negative decision on your immigration application, it may be possible to file for judicial review. However, there are certain requirements that must be met before you can file. This article will outline when a judicial review of an immigration decision can be filed.
What Is Required to File for Judicial Review?
To file for judicial review, you must meet the following requirements:
1. Exhaustion of Remedies: You must have exhausted all other options for appealing the decision. This means that you must have already appealed the decision to the appropriate administrative body and received a final decision.
2. Time Limit: There is a strict time limit for filing for judicial review. In most cases, the application must be filed within 15 or 60 days of the decision being made, depending on whether your application was made inside or outside of Canada.
3. Standing: You must have a legal interest in the matter that is being reviewed. This means that you must have been directly affected by the decision.
4. Grounds for Review: There must be a valid ground for review. This means that the decision made by the administrative body must have been made in error, either because it was not made in accordance with the law or because it was unreasonable or unfair.
When Can a Judicial Review Be Filed?
A judicial review can be filed in a variety of situations, including:
1. Refusal of a Visa or Work Permit: If you have been refused a visa or work permit, and you believe that the decision was made in error, you may be able to file for judicial review.
2. Refugee Claims: If the appeal of your refugee claim has been denied, and you believe that the decision was made in error, you may be able to file for judicial review.
3. Sponsorship Applications: If your inland sponsorship application has been denied, and you believe that the decision was made in error, you may be able to file for judicial review.
In each of these cases, it is important to consult with an experienced immigration lawyer to determine whether you have grounds for judicial review and to guide you through the process.
Why Should You Consider Filing for Judicial Review?
Filing for judicial review can be a complex and time-consuming process. However, it is often the last resort for individuals who have exhausted all other options for appealing an immigration decision. There are several reasons why you may want to consider filing for judicial review, including:
1. Fairness: If you believe that the decision made by the administrative body was unfair or unreasonable, filing for judicial review can ensure that your case is given a fair hearing.
2. Legal Errors: If you believe that the decision was made in error, either because it was not made in accordance with the law or because it was based on incorrect information, filing for judicial review can correct these legal
If you have received a negative immigration decision, you may have the option to challenge it through a judicial review. A judicial review can be filed in situations where the decision is unreasonable, there were procedural errors, or there were errors in law. However, it is essential to seek the advice of an experienced immigration appeal lawyer to ensure that your case is filed within the appropriate timeline and to give yourself the best chance of success.
At Lawgical Law Corporation, our team of experienced immigration appeal lawyers is dedicated to helping you navigate the complex Canadian immigration system and achieve your immigration goals.