Federal Court judicial reviews are complex litigation matters. For this reason, only lawyers may appear before the Federal Court unless a person wishes to represent themselves.
Judicial reviews refer to the process of having the Federal Court determine whether a given decision should be sent back for redetermination. Once a person has received a negative decision in an immigration, refugee, or citizenship matter, they may be able to apply to the Federal Court to have the refusal judicially reviewed. If the Federal Court determines that the negative decision contained at least one finding that was incorrect or unreasonable (depending on the nature of the finding), it will send the matter back to the decision-maker to be redetermined.
There are two steps to the Federal Court judicial review process:
- Application for Leave: At this stage, a judge of the Federal Court will review your application record (prepared by your lawyer) to determine whether there is an arguable case to be decided by the Court. If the Court finds that there is indeed an arguable case, it will grant leave for your lawyer to argue the case orally.
- Application for Judicial Review: If you have reached this point, your lawyer will be preparing for an oral hearing before the Federal Court to persuade a judge that the decision-maker in your matter rendered a decision that was unreasonable, incorrect, or breached rules of procedural fairness.
The Federal Court can set aside the decision and send the matter back for redetermination if it agrees. During this stage, your lawyer should also be attempting to have the matter settled in the event that it can be resolved without having to proceed to a hearing.
Contact Ashamalla LLP if you have received a negative decision in your immigration, refugee or citizenship matter and wish to assess your options.
