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
If you want to apply for judicial review, get a lawyer as soon as possible. Other types of legal representatives (such as an immigration consultant) are not allowed to represent you in Federal Court. You may have to apply quickly to make the deadline, and then get a lawyer.
Stay in Canada
If you can stay in Canada depends on the decision you want reviewed.
- IRB-RAD decision:
- You can stay in Canada until the Federal Court makes a decision.
- IRB-RPD decision:
- 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.” Call your lawyer immediately.
How to apply
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. A judge looks over your documents and decides if you can get a full judicial review of your claim. If you cannot, your file is closed.
Judicial review
If you are allowed to have a judicial review, the judge will set a date for a hearing. The hearing is the chance for you or your lawyer to speak to the judge about your claim.
If you do not have a lawyer, you need to go to the hearing to make your points. If you have a lawyer, you can choose whether you want to go or not.
Get your decision
You may get the judge’s decision on the day of the hearing or later.
- If they agree with the IRB-RPD or IRB-RAD decision and say there was no error, you may need to leave Canada. Discuss next steps with your lawyer.
- If they decide 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. This does not always mean that your refugee claim will be approved.