Judicial Review: Fighting for Fair Immigration Decisions in Canada
Learn how judicial review can help overturn unfair immigration decisions.
At Eastman Law Office, we understand that immigration decisions can profoundly impact your life, family, and future. When you receive an unfair, unlawful or erroneous decision by Immigration, Refugees, and Citizenship Canada (IRCC), Canada Border Services Agency (CBSA) or the Immigration and Refugee Board (IRB), the judicial review process in the Federal Court of Canada provides you a chance to seek justice.
With over 25 years of experience, Jeremiah Eastman has argued countless cases before the Federal Court, first as a lawyer for IRCC and CBSA and then as a lawyer for foreign nationals like you, earning him a reputation as one of the few immigration lawyers who will fight for you in court. Mr. Eastman’s expertise and determination give you the best chance of success in challenging immigration decisions.
What Is Judicial Review?
Judicial review is a legal process that allows a Federal Court judge to review decisions made by Canadian immigration officers, tribunals, or agencies. The process ensures that decisions are fair, lawful, and error-free. In a judicial review a Federal Court judge generally cannot replace the decision that you are challenging. For example, if your study permit visa application has been refused, a judge cannot, on judicial review, overturn that refusal decision and approve your visa application. What a judge has the authority to do on judicial review, using the same example, is to find that the visa officer’s decision was unreasonable, procedurally unfair, in breach of the Charter of Rights and Freedoms, etcetera, and then send your matter back to the visa officer for reconsideration by a different visa officer.
The Two Stages of Judicial Review
1. Application for Leave:
The first stage is entirely in writing. Your lawyer must submit written arguments supported with affidavit evidence to the Federal Court to persuade a judge that your case raises an arguable issue worth reviewing. In the normal course, the lawyer for IRCC or CBSA will submit arguments and possibly affidavit evidence opposing your lawyer’s arguments. Your lawyer may then file a reply argument with the court. This stage takes approximately 4-6 months but can be longer. If the judge agrees, he or she will grant you leave (permission) for your case to move on to the second stage of litigation.
2. Judicial Review Hearing:
At this second stage, after leave is granted, your lawyer will appear before a Federal Court judge for the hearing of your judicial review application and present oral legal arguments and evidence in open court. The lawyer for IRCC, CBSA or IRB will also be present in court and present their opposing arguments to the judge. You can choose whether or not you want to attend the hearing.
After hearing both sides’ arguments, the judge will determine whether the decision that you are challenging should be upheld or quashed. If the judge rules in your favour and quashes the decision, they will send the case back to the IRCC, CBSA or IRB office that decided to be reconsidered, but by a different decision-maker.
Why Choose an Immigration Lawyer for Judicial Review?
While immigration consultants can assist with various immigration applications or IRB hearings, only immigration lawyers can represent you in Federal Court. Even among immigration lawyers, only a small percentage have the skills and experience to litigate cases successfully. At Eastman Immigration Law, Jeremiah Eastman is one of the few immigration lawyers in Toronto who regularly takes on judicial review cases.
Why Work with Jeremiah Eastman?
- Proven Courtroom Experience: Jeremiah has represented clients in landmark cases (see below), achieving favourable outcomes in complex immigration disputes.
- Dedication to Clients: Jeremiah is known for his willingness to fight for justice, even when other lawyers hesitate.
- Specialized Expertise: With a career exclusively focused on immigration law, Mr. Eastman’s knowledge of Federal Court procedures is unparalleled. He previously served as a litigation lawyer at the Department of Justice Canada, Immigration Law Section in Toronto for 11 years, where he argued many cases before the Federal Court and the Federal Court of Appeal before starting his own practice.
Judicial Review Success Stories
Jeremiah Eastman has successfully represented numerous clients in judicial review cases, helping them overturn unfair decisions and secure new opportunities in Canada.
- Sivasubramaniam v. M.C.I and The Minister of Public Safety and Emergency Preparedness (2024): Eastman Law Office successfully argued before the Federal Court that IRCC should have approved Mr. Sivasubramaniam’s application to change conditions from student to visitor because he was no longer attending school and, therefore the Minister’s Delegate erred in issuing an Exclusion Order against Mr. Sivasubramaniam, because, according to the guidelines, Mr. Sivasubramaniam remained compliant with his Study Permit.
- Kumar v. M.C.I. (2023): Mr. Eastman argued that the CBSA officer had erred in his finding that Mr. Kumar had misrepresented and, therefore, should quash that negative decision and the 5-year ban from Canada the officer had imposed on Mr. Kumar. The Federal Court judge agreed and granted the application for judicial review.
These cases highlight the importance of experienced legal representation in achieving justice.
How to Start the Judicial Review Process
If you receive a negative immigration decision, acting quickly is crucial. Judicial review applications must be filed within 15 days of receiving the decision if you are in Canada or 60 days if you are outside Canada.
Steps to Take:
- Consult an Experienced Lawyer: Consult with Eastman Immigration Law to assess your case.
- File the Application for Leave: We will prepare and submit all necessary documents to the Federal Court.
- Prepare for the Hearing: If leave is granted, we will build a strong case to present your arguments effectively in court.
FAQs About Judicial Review in Immigration
1. Can an immigration consultant represent me in Federal Court?
No. Only licensed lawyers, such as Jeremiah Eastman, can represent clients in Federal Court.
2. How long does the judicial review process take?
The application for leave typically takes 4-6 months. If leave is granted, the judicial review hearing will follow.
3. What happens if the judge rules in my favour?
The original decision is returned to the decision-maker for reconsideration, allowing you another chance to succeed.
4. What if my application for leave is dismissed?
If the judge dismisses your application for leave, your case cannot proceed further. However, we will explore all other legal options available.
Trust Eastman Immigration Law for Your Judicial Review Needs
At Eastman Immigration Law, we are committed to helping you navigate the complexities of the judicial review process with confidence and clarity. With decades of experience, a deep understanding of immigration law, and an unwavering commitment to justice, we will stand by you every step of the way.
If you’re facing an unjust immigration decision, don’t wait. CONTACT US TODAY to schedule a consultation and take the first step toward securing your future in Canada.
