Judicial Review of Immigration Decisions in Ontario Federal

When you face an adverse decision in your immigration case, such as a visa refusal, permanent residency denial, or other negative immigration outcomes, a Judicial Review may be your legal recourse to challenge that decision. Judicial Review is a process by which you ask the Federal Court of Canada to review the legality of a decision made by an immigration authority, such as Immigration, Refugees and Citizenship Canada (IRCC), the Immigration and Refugee Board (IRB), or other government entities.

If you believe that the decision was made unfairly, unreasonably, or in violation of the law, you may be eligible to apply for a Judicial Review. In Ontario, this is done through the Federal Court, which can determine if the decision was made within the framework of Canadian law, policy, and procedure.

Judicial Review is not an appeal, meaning the Federal Court does not reconsider the facts of the case or make a new decision. Instead, the Court examines the decision-making process to ensure that the immigration authorities acted within their legal powers, followed proper procedures, and adhered to principles of fairness and reasonableness.

The Federal Court will assess:

• Procedural fairness: Did the decision-making process follow the correct legal procedures?
• Reasonableness: Was the decision reasonable in light of the facts and law?
• Jurisdiction: Did the decision-maker have the authority to make the decision?
• Legal error: Was there a mistake of law or an unreasonable application of the law?

If the Court finds any irregularities or flaws in the process, it may order the decision to be reconsidered, remitted, or, in some cases, overturned entirely.

 You may apply for Judicial Review if you believe that the immigration decision was:

• Unreasonable or unjust.
• Made without following proper legal procedures.
• Affected by a legal error (e.g., incorrect interpretation of immigration law).
• Bias or unfairness in the decision-making process.

Judicial Review must typically be filed within 15 days after receiving the decision notice, so it is important to act quickly if you wish to challenge the decision.

Our team of experienced immigration lawyers at [Law Firm Name] specializes in Judicial Review applications in the Ontario Federal Court. With in-depth knowledge of both immigration law and judicial review procedures, we can help you navigate this complex legal process and present the strongest case possible to the Court.

We offer the following services:

• Case Evaluation: We will carefully assess your immigration case to determine whether there are valid grounds for Judicial Review.
• Filing the Application: Our team will assist you in preparing and filing the necessary paperwork, ensuring all legal requirements are met.
• Legal Representation: We will represent you in the Federal Court, advocating for your rights and working to achieve a positive outcome.
• Post-Judgment Advice: Whether the Court orders a reconsideration or dismisses the application, we will guide you on the next steps, including any potential appeal options.

Consultation & Case Assessment: 

• We will meet with you to understand the details of your immigration matter and evaluate whether Judicial Review is a viable option.

Application for Judicial Review: 

• If we determine that you have grounds for Judicial Review, we will prepare and submit the application to the Ontario Federal Court within the required time frame.

Filing and Serving Documents: 

• We will handle all required documentation, including submitting affidavits, filing notices, and serving the opposing party (usually the Canadian government or immigration authority).

Court Hearing & Decision: 

• We will represent you at the Federal Court hearing and argue your case. The Court will then make a decision, which could result in a remittal of your case for reconsideration or a dismissal.

Follow-Up & Further Legal Action: 

• If needed, we will guide you on what steps to take after the Court's decision, including the possibility of appealing to a higher court.

• Experienced Lawyers: Our team has a proven track record of handling Judicial Review cases in the Ontario Federal Court. We understand the intricacies of both immigration law and judicial review processes.
• Expert Legal Support: We will explain each step of the Judicial Review process to you, ensuring you understand your options and the potential outcomes.
• Tailored Legal Strategies: We take a personalized approach to every case, ensuring that your legal arguments are effectively presented to the Federal Court.
• High Success Rate: We are committed to delivering the best possible outcome for our clients, with a focus on thorough preparation and strategic legal representation.