How do I apply for judicial review?
Question & AnswerHow do I apply for judicial review?
5. Understand what happens at your judicial review hearing
You’re allowed to go to the hearing and listen but you can’t speak unless you’re representing yourself. Representing yourself is very rare. It’s very important that you have a lawyer represent you with your application for judicial review.
Your judicial review application might be successful if you can show that a big legal or factual mistake was made. For example:
- the decision-maker didn’t understand or ignored the ,
- the decision-maker used the law wrong,
- the decision-maker did something that was not fair,
- the process leading to the decision was not fair,
- there is proof that the translation at your hearing was not accurate, or
- the decision was based on documents that were not shared with you or your legal representative.
If you’re successful
If your judicial review application is successful, your case is sent back to be decided by a different decision-maker. The judge at your judicial review can’t make a new decision.
If you’re not successful
If your judicial review application is not successful, the made against you usually becomes enforceable. This means the CBSA can start the process to remove you from Canada.
If you were granted a stay of removal during your judicial review, the stay expires and your removal order becomes enforceable.
In some cases, you might be able to apply for a Pre-Removal Risk Assessment (PRRA) or for permanent residence on humanitarian and compassionate grounds (H&C). Most failed refugee claimants must wait at least 12 months before they can make either a PRRA or an H&C application.
Get legal advice if you’re in this situation.