Judicial Review

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Judicial Review is a critical legal process that allows individuals to challenge decisions made by Immigration, Refugees, and Citizenship Canada (IRCC) on immigration-related matters. It serves as a safeguard to ensure that government decisions are transparent, fair, lawful, and made within the bounds of the law.

What is Judicial Review for Immigration Decisions?

Judicial Review enables individuals to request that the Federal Court of Canada examine a decision made by the IRCC or other immigration-related tribunals, such as the Immigration Appeal Division and the Refugee Appeal Division. This process applies to a wide range of immigration decisions, including:

  • Refused visa applications for permanent or temporary residence
  • Citizenship applications
  • Decisions on refugee claims

Through Judicial Review, the Federal Court assesses whether the decision was made fairly, followed proper procedures, and adhered to the law. It provides individuals with an independent platform to seek redress when they believe the decision was flawed or unjust.

Errors in IRCC Decisions

It is important to recognize that IRCC and other immigration authorities often make errors in their decision-making processes. These mistakes can include procedural violations, misinterpretations of evidence, or the application of incorrect legal principles.

In many Judicial Review cases, these errors are brought to light, leading to settlements outside of court. Such settlements often result in the IRCC agreeing to redetermine the decision, offering applicants another opportunity for a favorable outcome. This process can save time and costs while avoiding the need for a full court hearing.

Timelines for Filing

Timeliness is crucial in Judicial Review applications. You must file your application within:

  • 15 days if the decision was made in Canada
  • 60 days if the decision was made outside of Canada

Failure to meet these deadlines can result in the dismissal of your case, emphasizing the importance of acting quickly when considering Judicial Review.

Expert Immigration Legal Help for Judicial Review

If your immigration matter has been refused and you wish to challenge the decision through Judicial Review, our immigration litigation lawyers are here to provide the expertise and support you need. Our services include:

  • Comprehensive Case Review: We meticulously analyze the IRCC decision, the decision-making process, and the evidence to determine the strengths of your case.
  • Preparation of Your Application: We prepare a compelling application, ensuring that all legal arguments, procedural flaws, and supporting documentation are presented effectively to the Federal Court.
  • Settlement Negotiations: With significant experience in handling Judicial Review cases, we frequently negotiate settlements, resulting in decisions being redetermined without proceeding to a full court hearing. This not only saves costs but also expedites the resolution of your case.
  • Representation at the Federal Court: We act as your dedicated advocates, representing you at every stage of the process and presenting strong arguments on your behalf.
  • Strategic Advice: Throughout the process, we provide clear, practical advice tailored to your specific circumstances, helping you navigate the complexities of Judicial Review with confidence.

Why Choose KR Law Firm?

We are deeply experienced in immigration litigation and has a proven track record of success in Judicial Review cases. We understand the high stakes involved in immigration matters and are committed to fighting for your rights with diligence, skill, and determination. With KR Law Firm, you gain a trusted partner dedicated to securing the best possible outcome for your case.

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