If you have been denied for your temporary or permanent resident application, or you have been denied your refugee claim and cannot make an appeal, you may be able to apply for leave and judicial review from the Federal Court of Canada. Shory Law can assist with preparing and filing your application at the Federal Court of Canada.
What Is the Process for Filing an Application for Leave and Judicial Review with the Federal Court of Canada?
Filing your application with the Federal Court is an incredibly complex, time-sensitive process, that can only be performed by a lawyer if you choose to seek help. Federal Court applications for immigration matters are a two-step process.
Step 1 – Application for Leave
An application for leave demonstrating an error in the decision was made must be filed. Here, you are presenting your entire case up-front for review by the Federal Court prothonotary. If it is found that your case raises credible arguments, Leave can be granted to hear your Application for Judicial Review.
Step 2 – Application for Judicial Review
If your application for leave is accepted, then your file to the Federal Court continues with the application for judicial review. Here, oral testimony and evidence is heard regarding why your initial claim was denied and why it should be sent back for reconsideration.
Shory Law Can Help
The laywers here at Shory Law can represent you on your application to the Federal Court.
How long can judicial review of an immigration application take?
The length of a judicial review application can depend on a number of factors including:
- Whether you have received the reasons of refusal;
- How long you have to file an application for leave and judicial review at the federal court;
- Backlogs at the Federal Court of Canada
Typically we recommend to our clients to be prepared for a 6 to 9 months timeline.
Can you appeal a Federal Court decision?
Yes. In specific circumstances, you can take a decision from the Federal Court of Canada to the Federal Court of Appeal.