Published February 25, 2019
By Rojan Malekzadeh, Barrister & Solicitor
What is a Judicial Review?
A Judicial Review is when an individual or individuals request that a judge of the Federal Court of Canada review a negative immigration decision. The basis for the request must be that the decision maker made an important error in refusing the case (i.e. (a) a mistake in interpreting or applying the law, (b) a mistake in understanding the facts of the case, or both).
Note that a Judicial Review is different than an appeal, as individuals are not permitted to provide any new evidence to support their case. The judge will only consider the evidence that was before the original decision maker.
Who can file a Judicial Review?
Judicial Reviews can be submitted by …Read More