Judicial Review

The Federal Court of Canada (the “Federal Court“) has the jurisdiction to review decisions of federal administrative tribunals, including visa and immigration officers, at Citizenship and Immigration Canada (“CIC“), the Canada Border Services Agency (“CBSA“), and the Ministry of Employment and Social Development (“ESDC“).

The Federal Court will not review or accept new evidence but rather will determine if the administrative tribunal committed any errors.  These errors can include factual, legal, and procedural fairness issues.

If an applicant is successful in the judicial review application then the Federal Court will typically order that a different officer reassess the file.  It may also provide instructions to the administrative tribunal.  A judicial review will almost never result in the Federal Court ordering that a visa be issued or that a specific result occur.  Although it cannot order a specific outcome, the Federal Court can, however, state as to what result it thinks is appropriate in obiter.

Our firm has successfully represented individuals in numerous judicial review applications, including:

  • Overturning the rejection of a work permit application where the visa post determined that the individual did not meet certain language requirements;
  • Obtaining an order that the CBSA return a passport;
  • Overturning the rejection of a Immigrant Investor Program applicant whose application was refused because a visa post determined that experience at a state owned bank did not constitute work experience; and
  • Having several Exclusion Orders quashed.

Before commencing a court action, it is important to remember that generally the Federal Court will not review or accept new evidence but, rather, will determine if errors were made by an officer.

 


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