An Application for Leave and Judicial Review is the process of seeking permission from the Federal Court of Canada to challenge an immigration decision. This application must be commenced within either 15 days (for in-Canada decisions) or 60 days (for overseas decisions) from the date of the decision. The "leave" stage is the first step, where the Court reviews the documents about the case to determine if there are grounds to have the refusal quashed and the application reconsidered. If leave is granted, the case proceeds to the "judicial review" stage, where the Court examines the decision in depth. The application for leave and judicial review is a formal method for challenging an immigration refusal and is often the only way to challenge an unreasonable decision.
What are the grounds for applying for leave and judicial review in immigration law?
The grounds for filing an Application for Leave and Judicial Review include challenging the decision on the basis of illegality, procedural unfairness, and irrationality. Illegality refers to situations where the decision-maker did not have the legal power to make the decision. Procedural unfairness encompasses instances where the decision-making process was unfair, and irrationality involves decisions that are so unreasonable that no reasonable decision-maker could have made them.
Why hire AKM Law as your immigration lawyers?
The process involves complex legal considerations and strict timelines, where AKM Law's expertise can prove invaluable. Their legal professionals can adeptly navigate the intricacies of the application, identify and articulate robust legal grounds for the review, and ensure the meticulous submission of all relevant documentation. Furthermore, AKM Law offers tailored guidance on the specific requirements of the Federal Court, providing effective representation throughout the proceedings. Given the significant impact of the application on an individual's immigration status, entrusting the process to AKM Law enhances the chances of a successful review. It's noteworthy that, in the federal court, only lawyers are authorized to represent clients, emphasizing the unique and essential role of legal expertise in this critical immigration context.
