Federal Court of Canada
In the event that your application for temporary or permanent residency has been denied, or your refugee claim has been rejected without the possibility of an appeal, you may be eligible to apply for leave and judicial review at the Federal Court of Canada. At Fortune Law Group, we offer our services to help you prepare and file your application with the Federal Court. Our team of professionals is experienced in handling such cases and can assist you in navigating the legal process with confidence.
What Is the Process for Filing an Application for Leave and Judicial Review with the Federal Court of Canada?
Submitting an application to the Federal Court for immigration matters is a complicated and time-sensitive procedure that requires the expertise of a lawyer if you decide to seek assistance. The process of applying to the Federal Court for immigration matters consists of two stages.
Step 1 – Application for Leave
To seek a judicial review of an immigration decision made by an officer or the IRB, you need to file an application for leave with the Federal Court. In this application, you must present your entire case and demonstrate that there was an error in the decision. The Federal Court prothonotary will review your application and determine whether it raises credible arguments. If so, you will be granted leave to proceed with your Application for Judicial Review. It is important to note that this is a critical step in the process, and it is highly recommended to seek the guidance of an experienced lawyer to ensure the best possible outcome.
Step 2 – Application for Judicial Review
In the event that your application for leave is granted by the Federal Court, your case will move forward with an application for judicial review. During this stage, you will have the opportunity to provide oral testimony and evidence to support your argument as to why your initial claim should be reconsidered after being denied. This process is essential for ensuring that your case is fairly evaluated and that any errors made in the initial decision are addressed.
Fortune Law Group Can Help
The lawyers here at Fortune Law Group can represent you on your application to the Federal Court.
Contact us for a Consultation About your Desire to Immigrate to Canada
Don’t put your immigration process on hold. Reach out to us for a consultation to discuss your specific needs and desires to immigrate to Canada. Our team will guide you through the entire process and work towards achieving your desired outcome. To get started, simply call us at +1-236-880-6826 or click the button below to fill out our online form and one of our representatives will be in touch with you shortly.
FAQs
The Federal Court is a judicial body that has jurisdiction over immigration cases. It serves as an avenue for individuals to appeal decisions made by immigration officers or the Immigration and Refugee Board of Canada (IRB).
Yes, you can appeal a decision made by the IRB to the Federal Court. However, you must meet certain criteria and follow the proper procedures for doing so.
Immigration cases that can be appealed to the Federal Court include decisions made by immigration officers, the IRB, and the Canada Border Services Agency (CBSA). Examples of these cases include deportation orders, visa denials, and refugee claim rejections.
The standard of review in a Federal Court appeal depends on the type of decision being appealed. In general, the court will review the decision on a standard of reasonableness, meaning that the decision must be defensible and justifiable based on the evidence presented.
While it is not mandatory to have a lawyer to appeal a decision to the Federal Court, it is highly recommended. Immigration cases can be complex and challenging, and having an experienced lawyer can greatly increase your chances of success.