Judicial review (immigration — Canada)
Statutory definition
IRPA s 72 provides that judicial review of immigration matters may only be made to the Federal Court. Section 74(b) (the privative clause) limits appeals from the Federal Court to the Federal Court of Appeal only where the judge certifies a serious question of general importance. Applicants must apply for leave within 15 days (refugee matters) or 60 days (other immigration matters) of the decision. Leave is granted if the application raises an arguable issue.
Explanation
Judicial review is the primary legal remedy for challenging erroneous immigration decisions. The standard of review is typically "reasonableness" — the court asks whether the decision falls within the range of acceptable, defensible outcomes. Procedural fairness questions are reviewed on a correctness standard. The leave requirement filters out weak applications. If leave is granted, the hearing is typically on the record (no new evidence). The Federal Court cannot substitute its own decision — it can only quash the decision and refer the matter back for re-determination by a different officer.