What is the difference between an Appeal and Judicial Review in the Canadian Immigration Law context?

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In Canada, Immigration, Refugees and Citizenship Canada along with the Canada Border Services Agency provide a wide range of services related to Immigration and Refugee matters to Citizens, Permanent Residents, and Foreign Nationals.

The legislative branch of the government (Parliament) through laws and Regulations has granted vast decision-making powers to various government agencies and the Minister. The relevant provisions can be found in the Immigration and Refugee Protection Act and the Immigration and Refugee Protection Regulations.

Judicial review is the process by which the courts oversee the decision of immigration decision-makers to ensure that their decisions are legal and in general are not unreasonable. Unfortunately in most cases, new evidence or new arguments cannot be submitted or raised. Furthermore, in Judicial review, if one is successful the case will be remitted back for redetermination.

The advantage of an appeal is that in some circumstances there is either an opportunity to submit additional or new evidence, have a hearing or make additional submissions and arguments. Furthermore, the decision-maker hearing the appeal can substitute the decision or send back the matter for redetermination. Unfortunately, not everyone has a right to appeal when it comes to refusals of a Refugee or Immigration matter.

It is important for individuals seeking to contest their case to ensure that they go before the right body or Court in light of the tight deadlines that are in place.

For more information regarding Judicial Reviews and Appeals, you may want to book a paid consultation with one of our lawyers.

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