Understand Judicial Review
A judicial review means a Federal Court judge will look at the IRB-RPD or IRB-RAD rejection of your claim or appeal. If the judge decides the Member made a legal mistake, they send your claim back to the IRB-RPD. A different IRB-RPD Member will make a new decision.
You may be able to apply for judicial review if:
- You are not allowed to appeal to the IRB-RAD.
- The IRB-RAD rejects your appeal.
Get legal representation
Judicial Reviews are very complicated. If you want to file an Application for Judicial Review, get an experienced lawyer as soon as possible. Other types of legal representatives (such as an immigration consultant) are not allowed to represent you in Federal Court.
In some cases, you might be able to get legal aid or pro bono representation.
Stay in Canada
Whether you are eligible to stay in Canada depends on the IRB decision you want reviewed.
- If you are asking for an IRB-RAD decision to be reviewed:
- You can stay in Canada until the Federal Court makes a decision.
- If you are asking for an IRB-RPD decision to be reviewed:
- You may need to leave Canada. If CBSA tries to remove you before the judicial review, you can ask for an “administrative stay of removal.”
Start your application
To apply for judicial review, you need permission (called leave) from a Federal Court judge. You must show that the decision on your refugee claim was not fair or reasonable, or that there was an error in the decision.
To start your application for judicial review, you must:
- Submit an Application for Leave within 15 days of getting your Notice of Decision from either the IRB-RPD or IRB-RAD.
- Submit an Application Record within 30 days of submitting your Application for Leave. Your Application Record is where you explain the legal reasons why you do not agree with the decision.
A judge looks over your documents and decides if you can get a full judicial review of your claim. If you cannot, your application is denied and your file will be closed.
If you are allowed to have a judicial review, the judge will set a date for a hearing. The hearing is the chance for your lawyer to speak to the judge about your claim.
Get your decision
You may get the judge’s decision on the day of the hearing or later.
- If the judge agrees with the IRB-RPD or IRB-RAD decision and says there was a legal mistake or a factual error, you may need to leave Canada. Discuss next steps with your lawyer if you have not done so already.
- If the judge decides the IRB-RPD or IRB-RAD Member made a legal mistake or a factual error, the judge can send your claim back to the IRB-RPD. A different IRB-RPD Member will make a new decision. This does not always mean that your refugee claim will be approved.