Understanding Judicial Review in the Context of Canada Visitor Visa Applications
Introduction
At Pax Law Corporation, we understand that applying for a visitor visa to Canada can be a complex and sometimes challenging process. Applicants may sometimes face situations where their visa application is rejected, leaving them confused and seeking legal recourse. One such recourse is taking the matter to court for a Judicial Review. This page aims to provide an overview of the possibility and process of seeking a Judicial Review in the context of a Canada visitor visa application. Our managing lawyer, Dr. Samin Mortazavi has taken thousands of refused visitor visa applications to the Federal Court.
What is Judicial Review?
Judicial Review is a legal process where a court reviews the decision made by a government agency or public body. In the context of Canadian immigration, this means that the Federal Court can review decisions made by Immigration, Refugees, and Citizenship Canada (IRCC), including the rejection of visitor visa applications.
Can You Seek Judicial Review for a Visitor Visa Rejection?
Yes, it is possible to seek a Judicial Review if your Canada visitor visa application has been rejected. However, it’s important to understand that Judicial Review is not about reassessing your application or reconsidering the facts of your case. Instead, it focuses on whether the process followed in reaching the decision was fair, lawful, and followed the correct procedures.
Grounds for Judicial Review
To successfully argue for a Judicial Review, you must demonstrate that there was a legal error in the decision-making process. Some common grounds for this include:
- Procedural unfairness
- Misinterpretation or misapplication of immigration law or policy
- Decision-maker’s failure to consider relevant information
- Decisions based on erroneous facts
- Unreasonableness or irrationality in the decision-making process
The Process of Judicial Review
- Preparation: Before filing for Judicial Review, you should consult with an experienced immigration lawyer to assess the strength of your case.
- Leave to Appeal: You must first apply for ‘leave’ (permission) to the Federal Court for a Judicial Review. This involves submitting a detailed legal argument.
- Court’s Decision on Leave: The Court will review your application and decide whether your case merits a full hearing. If leave is granted, your case moves forward.
- Hearing: If your application is accepted, a hearing date will be set where your lawyer can present arguments to a judge.
- Decision: After the hearing, the judge will issue a decision. The court may order IRCC to reprocess your application, but it does not guarantee visa approval.
Important Considerations
- Time-Sensitive: Applications for Judicial Review must be filed within a specific timeframe after the decision (usually within 60 days).
- Legal Representation: Due to the complexity of Judicial Reviews, it is highly recommended to seek legal representation.
- Outcome Expectations: Judicial Review does not guarantee a positive outcome or a visa. It is a review of the process, not the decision itself.
How Can We Help?
At Pax Law Corporation, our team of experienced immigration lawyers can help you understand your rights and guide you through the Judicial Review process. We provide:
- Comprehensive assessment of your case
- Expert legal representation
- Assistance in preparing and filing your Judicial Review application
- Advocacy at every step of the process
Contact Us
If you believe your Canada visitor visa application was unjustly refused and are considering a Judicial Review, contact us at 604-767-9529 to schedule a consultation. Our team is committed to providing you with professional and effective legal assistance.
Disclaimer
The information on this page is for general informational purposes only and is not legal advice. Immigration law is complex and changes frequently. We recommend consulting with a lawyer for specific legal advice regarding your individual situation.
4 Comments
Shahrouz Ahmed · 27/04/2024 at 8:16 pm
My Mom’s visit visa was refused but we really need her here because of my wife’s medical condition.
Dr. Samin Mortazavi · 27/04/2024 at 8:19 pm
Please make an appointment with Dr. Mortazavi or Mr. Haghjou, our two immigration and refugee law specialists and they will be more than happy to help you with an Application for Leave and Judicial Review.
Myeongja Hur · 08/10/2024 at 7:48 pm
I was living in Canada after registering my marriage with a Canadian permanent resident on September 9, 2018, and I was suspected of having a thyroid tumor, so I applied for a travel record visa extension on April 13, 2022, when my visa validity period (approximately 10 days before the expire date) was about to expire, and I came to Korea to get the surgery.
When I got on the plane back after the surgery, I found out that my visa had not been extended, so I applied for a traveler visa in Korea.I applied for e-TA from South Korea but the Immigration(IRCC) refused my e-TA application. I have applied multiple times to enter Canada as a visitor (e-TA) but they assume that I have other purpose to come into Canada or I have hidden information regarding inadmissiblity.
I can provide a procedural fairness letter from IRCC (issued on July 19, 2024) and the final refusal letter with misrepresentation 40(1)(a)(issued on August 26, 2024). I don’t have any criminal record or history. I was born in China and now I am a citizen of Korea. There were mistakes when my husband(PR in Canada)(separated) applied for my previous e-TAs by entering a couple times my citizenship as Chinese and other times, as Korean, which resulted in diffent UCI numbers with IRCC.
Eventually I have section 40(1)(a) misrepresentation and banned for 5 years to enter Canada. I would like to fight this decision by applying for a judicial review and I have all the evidence to prove IRCC’s decision was not fair and reasonable. I belive the department of Justice lawyer will try to settle before the hearing. Could you help me file the leave application for a judicial review? How much would it be to file a leave for judicial review? How much would you charge hourly and how many hours would you estimate to take?
Dr. Samin Mortazavi · 13/10/2024 at 5:26 am
Hello,
Thank you for reaching out. You have 60 days from the date of the decision to take the refusal to the Federal Court for judicial review. We charge $5000 for normal files, but yours due to the misrepresentation requires extra work and the results heavily depends on how you responded to the procedural fairness letter. For your file I will need a $8,000 retainer and that will be the flat fee for the judicial review of your refusal. You do not have much time left. I suggest you sign the retainer and make the retainer fee payment by Tuesday so we can start working on your file. Here is the link to the retainer agreement: https://paxlaw.ca/contract, and here you can find the information on making the $8,000 payment, https://paxlaw.ca/pay.
Thanks,
DSM