If someone believes that the decision made by an immigration officer about their visa application was unfair, they can challenge it through a judicial review by the court. This is a legal process where you request the federal court to review how the immigration decision was made. The Canadian government has allowed an additional 45 days to request judicial permission to challenge a refusal.
What is a Judicial Review in Canada?
A judicial review actually means that you ask the Federal Court of Canada to look at a decision that you received and decide whether the reasons mentioned in it were fair or made properly. It is a legal process where the court looks at your case to see if the immigration officer made a fair decision and followed the proper rules.
If your application is rejected and you feel that the decision is not fair, then you have the right to request a judicial review. The court doesn’t replace the decision but can send it back for a re-evaluation if it finds errors in how the decision was made.
Received a Refusal Letter?
If you receive a refusal letter, do not be tense:
- Read the Refusal Letter Carefully: The first thing you should do is understand the reason for the refusal.
- Consult a Qualified Immigration Lawyer: The rules of judicial review are strict and difficult. If you want to increase the chances of a positive decision, then consult a professional lawyer.
The New 75-Day Deadline
According to the new immigration policy, applicants now have up to 75 days to perfect an application for leave, depending on the date they receive the tribunal’s written reasons. This extra time helps people to prepare their case easily. They can gather the needed documents, prepare their case properly, and make sure their application is filled out the right way.
How to Apply for Judicial Review in Canada
Here are some simple steps to apply for judicial review
Step 1: Check the Deadline
- If you are in Canada, you have 15 days to apply after getting the refusal.
- If you are not living in Canada currently, then you have 75 days to apply.
Step 2: Submit a Copy to IRCC
After filing your application with the court, you must also forward a copy to IRCC. Then, in 10 days, you must give the court proof that it was delivered.
Step 3: IRCC Responds
IRCC then has 10 days to tell the court if it wants to take part in your case.
Step 4: The Court May Ask for More Information
If the refusal letter doesn’t explain the reason clearly, the court may ask IRCC to provide the details.
Step 5: IRCC Replies to the Court
IRCC will either send the reasons for the refusal or let the court know that no extra details are available.
Step 6: Submit Your Full Case
You must submit all your documents and legal reasons within 75 days of filing your application.
Why Canada Decided to Give More Time to Challenge Visa Refusals
- The number of judicial review cases has increased significantly since the pandemic.
- Before, the 30-day deadline wasn’t enough time for most people to perfect their application for leave.
- Some missed their chance to act because the deadline was too short.
- The new 75-day rule gives extra time to collect documents and talk to a lawyer.
- It makes the process fairer, especially for people outside Canada.
- With more time, people can prepare better and avoid mistakes.
- This also helps the court work faster and more smoothly.
Conclusion
In Canada, people have the right to challenge the decision because one wrong decision can change their upcoming life. You have the option to ask the federal court to review the decision, which is called a judicial review. The Canadian Government has introduced a new policy by extending 45 days to request for judicial permission formally known as leave. This increase in time helps you to prepare your case in a good way. If you want accurate and professional legal help, CityLaw Group is here to help you in difficult situations. Contact us today!
