We understand that receiving a refusal on an immigration application can be a difficult experience. To help you navigate the next steps, we have outlined the Federal Court of Canada process for Judicial Review of an immigration / application refusal by an IRCC Officer.
When an immigration application is refused, the Applicant has the right to seek a judicial review through the Federal Court. If the Applicant is successful, either through a settlement or a favorable decision, the remedy is that the application will be sent back to a new IRCC Officer for redetermination.
Step 1 – Filing And Rule 9 Reasons
The process begins when the Applicant files an application for JR with the FC. This must be done within 15 days of receiving the decision if the matter arose in Canada, or within 60 days if it arose outside of Canada.
Step 2 – Perfecting The Fc Application
Approximately 50 to 60 days after filing, we will receive the Rule 9 Reasons, which provide detailed explanations for the refusal. This information is crucial for understanding why the case was refused. Upon receipt of the Rule 9 Reasons, the Applicant has 30 days to file and serve their Application Record, which is an extensive legal brief that includes our arguments, evidence, and affidavit materials.
Step 3 – Settlement Attempts
At this point, we will make every effort to settle the matter with the Department of Justice (DOJ). A settlement would result in the application being redetermined by a new IRCC Officer. If a settlement is not reached, the DOJ has 30 days to file and serve their Memorandum of Response, opposing our legal arguments. We then have 10 days to provide a Reply Memorandum, which is the final court filing.
Fc Judge – Judicial Review
All Court materials are then submitted to a Federal Court Judge. If the Judge is persuaded by our arguments, we will obtain a “Production Order”, and then “Leave”, which means that a Court hearing will be scheduled. Throughout the proceedings, both parties may communicate to explore additional settlement options. The likelihood of success in settling a case depends on the specific facts and is never guaranteed.
If we are successful at the hearing, the matter will return to a new IRCC Officer for redetermination. The legal standards considered are whether the refusal was reasonable (I.E. justifiable and intelligible) and whether it was fair (I.E. procedurally fair).
The Federal Court process can vary in duration, from a few months for settlements to over a year for full Court cases. If the matter returns to IRCC for redetermination, it may take several months for them to request additional documents and make a final decision.
Redetermination Process
If the case is settled or won, as stated – the remedy is that it goes back to IRCC for redetermination, where they issue a letter to the Applicant (I.E. you) requesting additional information.
We hope this helps. Have more custom questions on this process? Please do not hesitate to reach out to contact us.
