Federal Court of Canada (immigration jurisdiction)
Statutory definition
Section 18 of the Federal Courts Act grants the Federal Court exclusive original jurisdiction for judicial review of federal administrative decisions, including immigration decisions. IRPA s 72 routes all immigration judicial reviews exclusively to the Federal Court. Appeals to the Federal Court of Appeal require certification of a serious question of general importance by the Federal Court judge, and further appeal to the Supreme Court of Canada requires leave from that Court.
Explanation
The Federal Court's immigration jurisdiction is the primary avenue for challenging IRCC, CBSA, and IRB decisions. The Court reviews approximately 10,000+ immigration applications per year — it is one of the busiest courts in Canada by volume. The Court's judgments are published and form an important body of immigration law interpreting the IRPA. A successful judicial review results in the matter being sent back for re-determination — the Court does not substitute its own decision. The leave-and-hearing structure means only meritorious cases proceed to a full hearing.