Difference between revisions of "Immigration Appeals (18:XI)"

{{REVIEWED LSLAP | date= August 16, 2021}}

Always contact an immigration lawyer in cases where Federal Court is, or might be involved. Decisions by the IAD (or the Refugee Protection Division and the  Immigration Division, where no administrative appeal exists) may be challenged by judicial review in the Federal Court of Canada. '''There is a 15-day filing deadline to apply for judicial review of matters decided within Canada, and a 60-day deadline for matters decided overseas (IRPA, s 72), so an applicant must act quickly if they seek leave for judicial review.'''  In the process of judicial review, the court does not try the case ''de novo''; the role of the court is not to substitute its own discretion for that of the tribunal, but rather to ensure that the tribunal did not exceed its statutory authority. The court simply reviews the case to verify: that it was procedurally fair; that the decision-maker did not make any errors of law or unreasonable findings of fact;  and that the decision itself was reasonable. See [[Introduction to Public Complaints (5:I) | Chapter 5: Public Complaints]] for a more thorough treatment of judicial review.  

On a leave application, all arguments and evidence are submitted to the judge in written form without a personal appearance. The judge reviews the material and, if satisfied that the applicant has made an arguable case, grants leave. If the judge decides there is no arguable case, leave will be denied and there can be no further argument in the Federal Court. A decision made by the Federal Court may be appealed to the Federal Court of Appeal only if the Trial Division judge “certifies” a question as being of serious and general importance (s 74(d)).