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Understanding Judicial Review with GM Law

When it comes to matters of immigration, the process can often seem complex and, at times, overwhelming. One concept that can cause confusion is the idea of a ‘judicial review’. At GM Law, we strive to clarify these processes and provide comprehensive legal support to help our clients navigate these situations.

Judicial Review: A Closer Look

A judicial review is a legal procedure where a judge examines the decision made by a lower court, tribunal, or an administrative body, such as an immigration officer, to determine whether it was made correctly according to the law. It is not an appeal and does not involve re-evaluating facts or evidence. Instead, it scrutinizes the process through which the decision was reached. In immigration law, a judicial review can be sought for decisions like visa denials, removal orders, refugee claim rejections, and other adverse immigration decisions.

Strict Deadlines for Judicial Review

Strict deadlines are in place to file an application for a judicial review in the realm of immigration law. These deadlines are particularly important as missing them can result in the loss of the right to seek a review.

If a decision is made in Canada, you typically have 15 days from the day you received the decision to apply for a judicial review. If the decision was made outside of Canada, the deadline is extended to 60 days.

1. Understanding the Deadlines

The Canadian immigration system takes deadlines for a judicial review application very seriously. Depending on the location where the decision was made, the deadlines may vary. If the decision was made inside Canada, you have only 15 days from the date of the decision to apply for a judicial review. For decisions made outside of Canada, this period extends to 60 days.

2. Significance of Adhering to the Deadlines

These deadlines are rigid and must be adhered to diligently. It’s crucial to understand that missing these deadlines may result in losing the right to review. An application for leave for judicial review must be filed within these timelines to ensure the case is considered.

3. The Process of Filing

The filing process is equally crucial as it involves several administrative steps, including the collection of necessary documents and the correct preparation of the application. The application must be filled out with precision and attention to detail to avoid the risk of dismissal based on technicalities.

4. The Role of Legal Representation

Engaging experienced legal representation, such as GM Law, early in the process is key. Our team will ensure the correct procedure is followed and the application is filed within the prescribed time frame. We understand the urgency and importance of these deadlines and will work to ensure your case is presented in the best possible manner within the prescribed timeframe.

Remember, the deadlines for judicial review are non-negotiable. It’s vital to move swiftly and correctly to ensure the best chances for a successful review. At GM Law, we are committed to delivering reliable, timely, and professional legal services to guide you through this complex process.

Appealing a Decision from the Federal Court

After a judicial review, if the Federal Court decides against the applicant, that decision can typically be appealed to the Federal Court of Appeal, but only if the Federal Court judge certifies that a serious question of general importance is involved in their judgment. It is therefore crucial to ensure that your case is meticulously prepared and presented from the outset.

How GM Law Can Assist with Your Judicial Review

At GM Law, our expertise and experience in handling judicial reviews in the realm of immigration law ensure that your case is in capable hands:

We meticulously review the details of your case to evaluate the merits of a judicial review, guiding you on the best course of action.

We assist in preparing and filing your application for leave and for judicial review at the Federal Court, ensuring the application clearly presents your case and complies with all procedural rules.

We provide robust representation at the hearing, presenting compelling arguments that advocate for your interests.

Should the judicial review not result in a favorable outcome, we provide comprehensive advice on any potential next steps, including the possibility of an appeal at the Federal Court of Appeal.

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