Immigration Law

Applying to Federal Court  

If the IRB does not accept your claim, you can ask the Federal Court if they will agree to review the IRB’s decision. A lawyer must apply to the Federal Court on your behalf.

If the Immigration and Refugee Board (IRB) has rejected your claim for refugee protection, your lawyer must file an application to ask for a Federal Court review within 15 days after the IRB decision was issued. Review by the Federal Court is a two-stage process.

Stage One – Leave:

In the first stage, which is known as the “leave” stage, the Court reviews the documents related to your case. You must show the Court that an error was made in the decision, or the decision was not fair or reasonable. If leave is given, this means the Court has agreed to examine the decision in depth.

Stage Two – Application for Judicial Review:

At this second stage, called “application for judicial review,” you and your lawyer can attend an oral hearing before the Court and explain why you believe the original decision was wrong.

A request to review IRB’s decision by the Federal Court automatically puts a removal order on hold, and you can stay in Canada until the Court makes its decision. The Court can agree with the original decision or return your case to the Refugee Protection Division (RPD) to be reheard. This does not mean the original decision will be reversed.

If the Court finds that there was no error in the decision of your case, you must leave Canada within 30 days and you are under a removal order.