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Judicial Review

Judicial Review – Challenging Unfair Immigration Decisions

When Immigration, Refugees, and Citizenship Canada (IRCC) or other immigration tribunals make a decision that negatively impacts your immigration status, Judicial Review offers a legal avenue to challenge those decisions. At KR Law Firm, we provide skilled legal representation to individuals seeking Judicial Review at the Federal Court of Canada, ensuring that immigration decisions are made fairly and lawfully.

What is Judicial Review for Immigration Cases?

Judicial Review is a legal process where the Federal Court examines whether an immigration decision was made fairly, reasonably, and in accordance with Canadian law. This process is available for challenging decisions made by:

  • Immigration, Refugees, and Citizenship Canada (IRCC) – Refusals of visa applications, permanent residence applications, and citizenship applications.
  • Immigration and Refugee Board (IRB) – Negative decisions from the Immigration Appeal Division (IAD) and Refugee Appeal Division (RAD).
  • Canada Border Services Agency (CBSA) – Removal orders and inadmissibility rulings.

The court does not re-evaluate the case facts but determines whether immigration authorities acted fairly and within the limits of the law.

For official information on Judicial Review, visit: IRCC: Judicial Review Guidelines.

Common Errors in IRCC and Immigration Decisions

Immigration officers and tribunals sometimes make errors that unfairly impact applicants. These include:

  • Procedural Errors: Failing to follow due process or incorrectly applying immigration law.
  • Misinterpretation of Evidence: Misunderstanding or disregarding key information in your application.
  • Unreasonable Decisions: Making decisions that lack justification or fairness.

If errors are found, the Federal Court may order the case to be reconsidered, giving you another opportunity for a fair assessment.

Deadlines for Filing a Judicial Review

Time limits for filing a Judicial Review application are strict:

  • 15 days – If the immigration decision was made inside Canada.
  • 60 days – If the decision was made outside Canada.

Missing the deadline may prevent you from challenging an unfair decision, so immediate legal action is crucial.

How KR Law Firm Assists with Judicial Review

At KR Law Firm, we provide comprehensive legal support for challenging immigration decisions through Judicial Review. Our process includes:

1. Case Review & Legal Assessment

  • Analyzing the immigration decision and identifying errors in law or procedure.
  • Evaluating the strength of your case for a Judicial Review application.

2. Preparing & Filing the Application

  • Drafting a strong Application for Leave and Judicial Review for submission to the Federal Court.
  • Presenting legal arguments highlighting errors made by immigration authorities.

3. Settlement Negotiations

  • In many cases, IRCC agrees to reconsider a decision before a full court hearing.
  • We negotiate with government counsel to secure favorable outcomes outside of court.

4. Representation in Federal Court

  • If necessary, we represent you at Federal Court, presenting a compelling case to challenge IRCC’s decision.
  • We advocate for a fair reconsideration of your immigration application.

Why Choose KR Law Firm for Judicial Review?

  • Extensive Experience in Immigration Litigation: Our legal team has a strong track record of successful Judicial Reviews.
  • Strategic & Proactive Legal Representation: We build strong cases to challenge unfair immigration decisions.
  • Negotiation & Courtroom Advocacy: Skilled in both out-of-court settlements and Federal Court proceedings.
  • Client-Focused Legal Support: Personalized legal solutions based on your circumstances.

Need to Challenge an IRCC Decision? Contact Us Today.

If your immigration application has been refused or you are facing an unfair immigration decision, book a free consultation with KR Law Firm today. Our experienced lawyers will assess your case and fight for your rights in Federal Court.