Understanding the Federal Court Judicial Review Process for Immigration Decisions

The judicial review process begins by filing a Notice of Application with the Registry of the Federal Court. Under Rule 9 of the Federal Courts Citizenship, Immigration and Refugee Protection Rules, the applicant requests the tribunal or decision-maker to provide their complete written reasons and underlying record (such as GCMS notes or tribunal transcripts).

Once the reasons or confirmation that no additional reasons exist is received, the applicant has 30 days to prepare and serve a comprehensive Application Record containing the supporting affidavit, relevant documentary exhibits, and a detailed Memorandum of Fact and Law.

The Federal Court does not immediately schedule an oral hearing. Instead, a single judge reviews the written materials submitted by both the applicant and counsel for the Minister of Citizenship and Immigration (Department of Justice) on a confidential basis.

To obtain "leave" (permission to proceed), the applicant must show an "arguable case" or a serious issue to be determined. If leave is denied, no reasons are provided, and there is no right of appeal. If leave is granted, the Court issues an order setting a date for an oral hearing on the merits.

At the oral hearing, legal counsel for both parties present arguments before a Federal Court judge. The Court does not re-weigh evidence or substitute its own discretion for that of the immigration officer.

If the Court finds the decision unreasonable or procedurally unfair, the standard remedy under section 18.1(3) of the Federal Courts Act is an order quashing (setting aside) the refusal and remitting the application back to IRCC or the tribunal for redetermination by a different decision-maker.