Immigration Judicial Review

Judicial review is the process of appealing a Canadian Immigration Officer’s decision in rejecting a visa. We recognize that pursuing judicial review could feel to our clients like their last shot at coming to Canada, and we know that their future is at stake. We give each file considerable attention to increase the chances of success.

Is judicial review right for you?

The only possible way to reverse a rejection is to show that the decision of the Immigration Officer based on the material in front of them was unreasonable or irrational – something that can only be argued after we receive the Immigration Officer’s full reasons for rejection.

You and your immigration professional are in the best position initially to assess whether the Immigration Officer made an irrational decision based on the material in front of them. If you and your immigration professional think that you have been treated unfairly, then a judicial review could be a possible solution.

Many of our clients have had great success reversing a rejection through judicial review, but every case is different and results are not guaranteed.

Step 1: Filing the Application

A few days after you pay us and sign our agreement

Always, the first step is to file an application to ask the court for permission to have a hearing. This is also referred to as an application for leave.

An application for judicial review of an immigration decision must be filed within 60 days for visa applications arising outside Canada, and within 15 days for visa applications arising inside Canada.

Step 2: Reviewing Reasons

Received usually within 4 to 6 weeks of the application

The reasons are also commonly referred to as the Immigration Officer’s notes. You may request them directly yourself before filing an application, but you might lose your deadline for filing an appeal by the time you get them as those notes can take more than 60 days to arrive.

Step 3: Drafting Arguments

Due within 30 days of receiving the reasons

Once we have reviewed the reasons, we draft a memorandum of arguments. This memorandum sets out the facts and why we think the Immigration Officer’s decision was unreasonable. It would be unusual for us not to find an error with the Officer’s decision but in the unlikely case that the Immigration Officer’s reasons and the evidence perfectly line up, we seek instructions from you about next steps. This has never happened before, and in every case so far we have found an error by the Immigration Officer that was worthy of an appeal.

Step 4: Minister's First Reaction

Usually within 4 to 8 weeks of filing the arguments

The Minister usually takes one of the following 3 steps:

(a) Settle

If we receive a settlement offer, that means we have been successful. The file then goes back to another Immigration Officer for new consideration. In the process you are given the opportunity to update your documents including your letter of admission, your financial statements, and your personal statement. Your immigration professional who referred you to us should be the one to help you with this step.

(b) File a Reply Memorandum

Instead of settling, the Minister may file a reply to our memorandum of arguments. If they do so, we will review it and consider whether we should file a response to them or not. Then the file goes in front of a judge.

(c) Write a Letter

Alternatively, the Minister may do basically nothing by sending us a letter advising that they will wait and see what the judge will decide next.

Step 5: Court's First Reaction

Usually within 4 to 8 weeks of the Minister’s first reaction

If the Minister does not settle, then the court usually takes one of the following 3 steps:

(a) Order the Minister to produce documents

The court may ask the Minister to produce certain documents. This sometime results in the Minister settling regardless of what step they took previously. But other times, the Minister will comply and produce the documents ordered by the court without settling.

(b) Grants permission for a hearing

The court may grant permission for a hearing. This also sometime results in the Minister settling regardless of what step they took previously. But other times, the Minister will proceed without settling.

(c) Denies permission for a hearing

If the court denies permission for a hearing, then that concludes the process. You will need to apply again with a new application if you still intend to come to Canada.

Step 6: If a Hearing is Granted

Usually a hearing is a few months after the Minister complies with the court order to produce documents

If the Minister does not settle after a hearing is scheduled, then after the conclusion of the hearing, the outcome will be be either:

(a) Granting the Application

If the judge grants the application, that means that we have been successful. The file then goes back to another Immigration Officer for new consideration. In the process you are given the opportunity to update your documents including your letter of admission, your financial statements, and your personal statement. Your immigration professional who referred you to us should be the one to help you with this step

(b) Denying the Application

If the court denies the application, then that concludes the process. You will need to apply again with a new application if you still intend to come to Canada.

Collaborating with consultants

We often hear from immigration professionals and consultants that they are frustrated when they do the hard work, but it appears that the Immigration Officer barely even reviewed the application material. Consultants are also in the front line of managing the client, who may not appreciate how often Immigration Officers make errors no matter how substantive the submission by their consultant was.

We treat consultants as part of our team and support them to be the best at what they do. We do so by being responsive to their messages, by updating them and their client as the file moves along the main steps, and by being available to discuss special circumstances.

Consultants who work with us regularly value our customer service excellence, the quality of our work and our speed in moving things forward.

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Meet Your Lawyer

Bijan Ahmadian has more than ten years of experience practicing law in British Columbia, Canada. Just like most of his judicial review clients, Bijan himself came to Canada as a foreigner alone – as an international student. He completed engineering physics, Bachelor of Laws, and MBA degrees at the University of British Columbia. He then completed his Master of Laws at York University.

Over the past two years, nearly 90% of all immigration judicial review cases that Bijan has worked on have resulted in a settlement. Since every case is different, past results are not a guarantee of future results in your case.

When you retain Bijan on a judicial review matter, he is responsive to your messages, and he gives your file personal care and attention. You can expect excellent legal work from Bijan.

See Bijan's bio

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