You can request that the Federal Court of Canada reconsider immigration judgements in accordance with Canadian immigration law.
There are due dates to submit an application for a review. For instance, you have 15 days from the date of the Immigration and Refugee Board’s (IRB) decision to submit an application for a Federal Court review if the IRB denies your claim for refugee protection. You might want to get legal counsel as soon as feasible if you wish to submit an application for a review.
The Federal Court reviews cases in two steps:
stage of judicial review and departure
Step 1: Go
The Court examines the case’s supporting documentation during the first phase, known as the leave stage. You must demonstrate to the court that there was an error or that the judgement was not reasonable or fair.
The court promises to conduct a thorough analysis of the decision if it grants leave.
Judicial review is stage two.
Judicial review is the name of the second phase. At this point, you have the opportunity to appear before the court orally (with or without legal representation) and explain why you think the first IRB ruling was incorrect.
Remaining in Canada Judicial Review while under review by the Federal Court
The IRB division that reached the decision you are requesting the court to review will determine the status of your removal order. Regarding the IRB’s decisions:
Division of Refugee Appeal
We’ve put your removal order on hold. Until the Court renders a ruling, you are free to remain in Canada.
Division of Refugee Protection
There is no hold on your removal order. You might have to depart from Canada.
Decisions from the Federal Court of Canada
If the court upholds the IRB’s first ruling, you must leave Canada.
Your case will be re-examined if the court sends it back to the IRB. This does not imply that the IRB will overturn the first ruling.
