A judicial review is a legal process through which the Federal Court of Canada examines a decision made by the Immigration and Refugee Board (IRB) to determine whether it was lawful, reasonable, and procedurally fair. It is not an appeal and does not involve a re-hearing of your case or reconsideration of the evidence.
Instead, the court reviews how the IRB—or one of its divisions such as the Refugee Protection Division (RPD) or Refugee Appeal Division (RAD)—made the decision. The focus is on whether the decision-making process was flawed, biased, or based on a serious error in law or procedure. If such issues are found, the court can set aside the original decision and order a new hearing.
When Would You Seek a Judicial Review?
Judicial review is typically sought after a refugee claim has been refused. It applies only in situations where:
– You were not eligible to appeal to the Refugee Appeal Division (RAD), or
– You appealed to RAD and your appeal was dismissed
Judicial review is used when there are grounds to believe that the original decision was made:
– Without considering key evidence
– Based on a misinterpretation or misapplication of the law
– In a biased or procedurally unfair manner
If you believe your refugee claim was unfairly rejected, judicial review may offer a second chance—not to be accepted as a refugee directly, but to ensure that your case is reconsidered through a fair process.
Steps in the Judicial Review Process
The judicial review process unfolds in a series of legal steps. It is conducted entirely through the Federal Court and can only be initiated by a lawyer authorized to practice before the Court.
1. Apply for Leave: The first step is to apply for leave to seek judicial review. This means requesting permission from the court to have your case examined. The applicant (your lawyer) must submit a Notice of Application and supporting documents within 15 days of receiving the IRB’s refusal decision.
2. Submit Written Arguments: Your lawyer will submit legal arguments explaining why the decision was flawed or unjust. The federal government may respond.
3. Hearing (If Leave is Granted): If the judge grants leave, a hearing will be scheduled. Both sides present legal arguments.
4. Court Decision: If successful, the judge sets aside the IRB’s decision and orders a new hearing. If not, the original decision stands.
Deadlines and the Importance of Legal Help
Judicial review must be initiated within 15 days of receiving the IRB’s refusal. This deadline is extremely strict. If you miss it, you typically lose the right to challenge the decision.
Also, only licensed lawyers can represent clients before the Federal Court. Immigration consultants, advisors, or advocates cannot act on your behalf in this process.
Given the legal complexity and strict timelines, it is crucial to act immediately after receiving a refusal. Delaying even a few days can put your rights and future in Canada at risk.
We’re Here to Help
At Hermes Immigration Services, we understand how stressful a refugee claim refusal can be. While we do not provide legal representation at the Federal Court, we work closely with trusted and experienced immigration lawyers who specialize in judicial review matters.
Our role is to support you by:
– Reviewing your refusal letter and explaining the reasons behind it
– Helping you understand whether judicial review is an option
– Referring you to a qualified lawyer who can act quickly and professionally on your behalf
– Assisting with document preparation and follow-up once legal proceedings are underway
Time is Short—Act Now
If your refugee claim has been refused, don’t wait. Contact Hermes Immigration Services immediately. We will help you assess whether judicial review is possible and connect you with experienced legal professionals who can fight for your right to a fair hearing.
