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How to Apply for Leave and Judicial Review: A Step-By-Step Guide



How to Apply for Leave and Judicial Review

How to Apply for Leave and Judicial Review - Navigating the process of applying for leave and judicial review can be daunting, especially considering its complexity. In this comprehensive guide, we break down each step to help you successfully complete your application.


Step 1: Receiving the Refusal Letter from IRCC

Your journey begins with receiving the refusal letter from the Immigration, Refugees, and Citizenship Canada (IRCC). You cannot proceed with the leave and judicial review application until this letter is in your hands. Once received, you have specific timeframes to act: 15 days if the matter arose within Canada and 60 days if it originated outside of Canada.


Step 2: Assessing Eligibility for Appeal

Before diving into the leave and judicial review process, it's crucial to determine if you're eligible to file an appeal with the Immigration and Refugee Board of Canada (IRB). Appeals are only permitted in certain circumstances, such as spousal applications or inadmissibility findings within Canada. Consulting with an immigration lawyer can help clarify your eligibility and guide your next steps.


Step 3: Completing Form IR-1 - Application for Leave and Judicial Review

Once it's established that an appeal isn't an option, you'll proceed to complete Form IR-1, available on the Federal Court's website. This form requires detailed information as per the Federal Courts Citizenship, Immigration and Refugee Protection Rules. Elements include:

  • Full names of the parties involved

  • Date and details of the matter in question

  • Tribunal information

  • Grounds for seeking relief

  • Proposed hearing details

  • Consent to electronic service of documents

  • Contact details of any preparer

  • Signature and contact information

Each section of the form demands accuracy and completeness to ensure your application is valid.


Step 4: Filing the Application

With Form IR-1 completed, you'll file your application for leave and judicial review, typically through the E-Filing portal. Ensure to include a cover letter, clearly indicating whether the application relates to an "Inland Application" or an "Application arising outside Canada," along with your preferred language for the hearing.

After filing, you'll receive a notice of appearance from the Department of Justice within 10 days, confirming acknowledgment of your application.


Step 5: Compiling the Applicant's Record

The applicant's record is a crucial component of your submission, comprising various documents such as:

  • Application for leave

  • Decision or order in question

  • Written reasons provided by the tribunal

  • Supporting affidavits

  • Memorandum of argument

This compilation demands meticulous attention to detail, often best facilitated with the guidance of an immigration lawyer.


Step 6: Responding to the Memorandum of Argument

Upon completion of the applicant's record, you may receive a memorandum of argument from the respondent. This document outlines arguments disputing your claims. In response, you'll craft a reply memorandum, presenting counterarguments and reinforcing your case.


Step 7: Attending the Judicial Review Hearing

If your application for leave is accepted, a judicial review hearing will proceed, typically within 30 to 90 days. While attendance isn't mandatory, your lawyer can represent you during the proceedings. Both parties will present their arguments, and a decision will be made.


Conclusion

Applying for leave and judicial review is a rigorous process that demands precision and expertise. With only a 20% success rate for leave applications, seeking legal guidance significantly enhances your chances of success.

Cedric Marin, an experienced immigration lawyer, can navigate this intricate process on your behalf, maximizing your prospects of a favorable outcome. Don't risk the complexities alone—empower your application with professional assistance.


Bhardwaj Law Prof Corp can assist you in completing your application for leave and judicial review, significantly boosting your chances of success. Our team can advocate for your case before the IRCC, seeking to overturn rejections swiftly and expediting the review process. If your case progresses to court, our firm will vigorously represent you during the judicial review hearing.


Attempting to navigate the application process alone carries unnecessary risks. By scheduling a consultation with Bhardwaj Law Prof Corp, you can enhance your likelihood of a favorable outcome. Don't leave your future to chance—reach out to us today for expert legal assistance.


How to Apply for Leave and Judicial Review: A Step-By-Step Guide

Learn how to navigate the intricate process of applying for leave and judicial review in Canada with this comprehensive step-by-step guide. From receiving your refusal letter to attending the judicial review hearing, each stage is outlined to ensure clarity and effectiveness in contesting immigration decisions.


Disclaimer: The information provided in this guide is for educational purposes only and does not constitute legal advice. It's recommended to consult with a qualified immigration lawyer for personalized assistance tailored to your specific circumstances.




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