What is judicial review?
Question: What is judicial review?
Answer: Judicial Review is actually a proceeding. when an immigration or citizenship matter is challenged to the Federal Court of Canada it is called Judicial Review. It is put in, when an applicant seeks that the court review the decision made by the officer or board member on his /her refusal application.
It is important to keep in mind that a judicial review is not an appeal. If an applicant is successful on judicial review, the Court does not make a decision in place of the original decision, but rather overturns the old decision and returns the application for redetermination by a different decision maker.
How many days do I have to file a judicial review?
Question: How many days do I have to file a judicial review?
Answer: The Notice of Application has to be filed with the Federal Court of Canada within 15 days for an immigration decision made in Canada or 60 days for an immigration decision made overseas or 30 days for a citizenship decision.
Question: How many days do I have to file an application record?
Answer: An Application record has to be filed within 30 days of receiving the full Reasons for refusal. In some cases, the reasons are provided with the refusal itself, which are mostly considered as a generic one, While in others, reasons have to be requested within the Notice of Application.
If the Applicant had to request reasons and those reasons are provided by regular mail, then the Applicant has 40 days from the date of the letter enclosing the reasons to file the application record.
Question: What is mandamus?
Answer: If a government body, like the CIC, is taking too long to process an application (more than a set timeframe at their government site), an applicant may apply to the Court for an Order compelling CIC to process the application within a specified timeframe. Thus, mandamus is an application meant to compel performance.
Question: What is a notice of application?
Answer: The filing of a Notice of Application commences judicial review proceedings. The Notice of Application, which is particular to the Federal Courts Immigration and Refugee Protection Rules (applicable, unless a citizenship matter), must be served on the Respondent (applicable ministry, via the Department of Justice) and then it is re-filed with the Court Registry after service. It is important that the Notice of Application must be filed within 15, 30 or 60 days of the “decision” being communicated to the Applicant.
Question: What is the application record?
Answer: When an applicant receives the full reasons than within 30 days, he or she has to file an application record. Note that If the reasons were provided by regular mail, then the Applicant has 40 days’ time from the date of the letter enclosing the reasons to perfect and file the application record. An application record consists of a table of contents, a copy of the Notice of Application, the decision and reasons for refusal, copies of the affidavit or affidavits, a memorandum of fact and law, setting out the arguments to be relied upon by the Applicant; and a list of authorities relied upon.
Question: Why is my case not being processed?
Answer: There are many reasons for this, but in case the delay in the processing of your application is beyond what others are experiencing, then it is time to a writ of mandamus through the Federal Court of Canada.