Federal Court immigration lawyer in Brampton
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The short answer
Most immigration decisions by IRCC, the Immigration and Refugee Board or the CBSA can be challenged at the Federal Court by an application for leave and judicial review. It must be filed within 15 days for a decision made in Canada and 60 days for one made outside Canada. If the Court finds an error, it usually sends the decision back to be made again.
Who this is for
This page is for people who want to challenge an immigration decision in court. That includes:
- refusals by Immigration, Refugees and Citizenship Canada (IRCC), such as visitor visas, study and work permits, permanent residence, and humanitarian and compassionate applications
- decisions of the Immigration and Refugee Board (IRB), including the Immigration Appeal Division, the Refugee Appeal Division and the Immigration Division
- decisions of the Canada Border Services Agency (CBSA), such as a refusal to defer removal
- pre-removal risk assessment decisions
The Federal Court is a superior court. A judge decides your case, and the government is represented by lawyers from the Department of Justice. Under rule 119 of the Federal Courts Rules, an individual may act in person or be represented by a solicitor. The Federal Court’s own guidance confirms that an immigration consultant cannot represent you there. Manny Hundal is a lawyer, called to the Ontario Bar in 2013, and he represents clients at the Federal Court.
What judicial review is, and what it is not
Judicial review is not an appeal. The judge does not decide your application again, and does not usually look at new evidence. The judge looks at the record the decision-maker had and asks two main questions:
Was the decision reasonable?
Did the reasons make sense, deal with the key evidence and follow the law?
Was the process fair?
Were you given a fair chance to respond to concerns, and was the decision-maker impartial?
If the answer to either is no, the Court usually sets the decision aside and sends it back to a different officer or member to decide again. The Court does not grant the visa, the permit or permanent residence itself. A successful judicial review gives you a new decision, not a guaranteed result.
How it works
1. Use any appeal first
Under section 72(2)(a) of the Immigration and Refugee Protection Act, you cannot apply for judicial review until any appeal right under the Act has been used. For example, a family class sponsorship refusal normally goes to the Immigration Appeal Division first. See sponsorship appeals.
2. File the application for leave
Judicial review in immigration matters starts with an application for leave, which is a request for permission. It must be filed with the Court and served on the government within the deadline.
3. Obtain the reasons and perfect the record
If you do not have the written reasons, the Court’s rules require the decision-maker to send them. Within 30 days after filing, or after receiving the reasons, you file the applicant’s record. That includes affidavits and a memorandum of argument explaining the legal errors. The government then has 30 days to file its memorandum, and you have 10 days to reply.
4. The leave decision
A judge decides whether to grant leave, usually on the written record without a hearing. Leave is granted where there is a fairly arguable case. There is no appeal from a decision refusing leave.
5. The hearing
If leave is granted, the order sets the date and place of the hearing. At the hearing, your lawyer and the government’s lawyer argue the case before a judge. The judge then grants or dismisses the application.
6. After the decision
If the application is granted, the matter goes back for a new decision. An appeal to the Federal Court of Appeal is possible only if the judge certifies a serious question of general importance.
Deadlines
These deadlines are set by section 72(2)(b) of the Immigration and Refugee Protection Act.
Decision made in Canada
the application for leave must be filed and served within 15 days.
Decision made outside Canada
within 60 days.
The time runs from the day you are notified of the decision or otherwise become aware of it. A judge may extend the time for special reasons, but you should not rely on that.
After filing, the Federal Courts Citizenship, Immigration and Refugee Protection Rules set further deadlines:
Applicant's record
within 30 days after filing, or after receiving the reasons.
Respondent's memorandum
within 30 days after service of the applicant’s record.
Reply
within 10 days after service of the respondent’s memorandum.
Citizenship decisions have a different deadline. See citizenship.
Stays of removal
Filing for judicial review does not, on its own, stop the CBSA from removing you. If a removal date has been set, you may need to bring a motion asking the Federal Court to stay (pause) the removal until the case is decided.
On a stay motion, the Court generally asks three things: whether there is a serious issue to be decided, whether you would suffer irreparable harm if removed, and whether the balance of convenience favours a stay. These motions are often heard on short notice, sometimes days before a flight. They require evidence, a motion record and legal argument.
What to bring
- the decision letter and any reasons or officer notes
- the full application or appeal record you submitted
- any procedural fairness letter and your response
- the envelope, email or portal message showing when you received the decision
- any removal notice or CBSA direction to report
- passports and status documents
Common problems
Missing the 15 days. The most common problem. A reconsideration request or a fresh application does not stop the clock.
Trying to file new evidence. The Court generally reviews the record the decision-maker had. New evidence usually belongs in a new application.
Expecting the Court to approve the application. It sends the matter back. Plan for what the new decision-maker will need, and be ready to update your submissions when the file is reopened.
Waiting for a removal date. If removal is possible, prepare the stay motion evidence early. A motion assembled the night before a flight is harder to win and harder for the Court to hear properly.
Skipping an available appeal. If the Act gives you an appeal, the Court will not hear judicial review until it is used.
How Manny helps
- He reviews the decision and tells you whether judicial review is available, which deadline applies, and whether it is the right route.
- He prepares, files and serves the application for leave within the deadline.
- He obtains the reasons and the record, drafts affidavits and writes the memorandum of argument.
- He brings urgent motions to stay removal where a removal date is set.
- He argues the case at the hearing if leave is granted.
Consultations are available in English, Punjabi and Hindi. This page is general information, not legal advice. No lawyer can promise a result.
Frequently asked questions
Under section 72(2)(b) of the Immigration and Refugee Protection Act, the application for leave must be filed with the Federal Court and served on the other party within 15 days for a matter arising in Canada, and within 60 days for a matter arising outside Canada. The time starts when you are notified of the decision or otherwise become aware of it. A visa refused by an office abroad is usually a matter outside Canada. A decision by the Immigration and Refugee Board, or by IRCC on an inland application, is usually a matter in Canada. A judge can extend the time for special reasons, but extensions are not automatic. Citizenship decisions follow a separate 30-day rule. If you are not sure which deadline applies, treat it as 15 days.
Leave means permission. In immigration matters, you cannot go straight to a full hearing. You first ask a judge for leave, and the judge decides, usually on the written record without anyone appearing, whether your case is arguable enough to be heard. If leave is refused, the case ends there, and there is no appeal from that refusal. If leave is granted, the Court sets a hearing date and the case proceeds. Because the leave decision is made on paper, the quality of the written argument and affidavits filed at the start matters a great deal.
No. The Federal Court reviews the decision, it does not make it. If the judge finds the decision was unreasonable or unfair, the usual result is that the decision is set aside and sent back to a different officer or member to decide again. The new decision-maker may reach the same result or a different one. In rare cases the Court gives more specific directions, but it does not issue visas or grant status. This is why it matters to think about the redetermination from the start: what evidence the new officer will see, and whether an updated submission should be made when the file is sent back.
No. Rule 119 of the Federal Courts Rules allows an individual to act in person or be represented by a solicitor. The Federal Court’s guidance states that you may represent yourself or be represented by a lawyer who is a member in good standing of a Canadian law society, and that a citizenship or immigration consultant cannot represent you in a Federal Court proceeding. Consultants can represent people before IRCC and the Immigration and Refugee Board, so many files begin with a consultant and move to a lawyer at the court stage. Because the court deadlines are short, it helps to involve a lawyer early.
Not by itself. In most cases, filing an application for leave and judicial review does not prevent the CBSA from carrying out a removal order. If removal is scheduled, a separate motion for a stay of removal may be needed. The Court considers whether there is a serious issue, whether you would suffer irreparable harm if removed, and whether the balance of convenience favours a stay. These motions are urgent and must be supported by evidence. Some situations have their own protections, for example a pending appeal at the Immigration Appeal Division. Get advice as soon as you receive a direction to report for removal.
Generally, no. The Court reviews the decision based on the record that was before the decision-maker. There are narrow exceptions, for example evidence that shows a breach of procedural fairness, or background information that helps the Court understand the record. If you have important new evidence, the right place for it is usually a fresh application or, for decisions that can be appealed, the appeal itself. A lawyer can tell you whether your new evidence belongs in court or somewhere else.
There is no fixed time. The Rules set deadlines for the written stages: 30 days to file the applicant’s record, 30 days for the government’s memorandum, and 10 days for a reply. After that, a judge decides leave, and if leave is granted, the hearing date is set in the leave order. The overall time depends on the Court’s schedule and the case. Stay motions can be heard within days when removal is imminent. We do not quote fixed timelines because they change, but your lawyer can tell you where your case stands at each step.
This page is general information, not legal advice about your situation.