Judicial Review in Immigration Law: Your Path to Fair Decisions with Jasmin Sandhu

by Five Fantastic Lawyers™ on March 17, 2024

Judicial Review in Immigration Law

Immigration cases can be complicated and challenging, requiring individuals to navigate complex administrative decisions that can have a significant impact on their lives and Canadian immigration status.

When facing unfavourable decisions, it can be challenging to know what options are available and what steps to take. Fortunately, judicial review is one pathway for those facing Canadian immigration challenges to secure a fair outcome. 

This process allows individuals a second chance from the court by challenging the validity of a decision made by an administrative body, such as the Immigration and Refugee Board of Canada or the Canada Border Services Agency.

Understanding Administrative Decisions in Immigration

Decisions made by government officials on applications for visas, refugee status, or permanent residency all fall under the umbrella term of administrative decisions. In some cases, these decisions can be appealed or reviewed through the judicial review process.

The Role of Judicial Review

Imagine you’ve applied for a visa or refugee status, and your application is denied, or perhaps your long-awaited permanent residency status faces unexpected hurdles. Such administrative decisions profoundly impact your life, limiting your ability to work or study in Canada or separating you from your loved ones.

Understanding that these decisions are not always final and can be challenged may be crucial for those navigating the Canadian immigration process.

What is the Judicial Review Process in Canada?

The judicial review process begins with filing for ‘leave’ (permission) to appeal, typically within 15 to 60 days of the initial decision (depending on where the matter originated), and involves submitting an application for leave and for judicial review to the Federal Court.

Upon receiving the Applicant’s record, the court reviews it to determine if there are valid grounds for a judicial review. The court then assesses the decision’s lawfulness, reasonableness, and procedural fairness, deciding to either uphold, annul, or send it back for reconsideration.

The court’s judgment, often accompanied by written reasons, follows the hearing. If the court rules in favour of the applicant, the administrative body is typically required to act accordingly.

Seeking the Help of an Immigration Lawyer

Due to its complexity, seeking legal representation for judicial review in Canada is highly recommended. The process, while potentially lengthy, is essential for ensuring fairness and legality in administrative decisions within the Canadian immigration system.

What is the Role of an Immigration Lawyer?

An experienced immigration lawyer can help you navigate the judicial review process and provide invaluable guidance throughout each step. Jasmin Sandhu is a Canadian immigration and refugee lawyer known for her expertise in strategizing, preparing submissions, and representing clients in judicial review proceedings.

In the submission process, Jasmin Sandhu’s expertise allows her to identify potential errors or gaps in the initial decision that if left unaddressed can weaken your case, while providing valuable insights and strategies for presenting your case most effectively.

Jasmin Sandhu’s Legal Expertise

Jasmin Sandhu Law Judicial Review in Immigration Law

A client highlighted her impact, saying, “Jasmin Sandhu has gone above and beyond to help me during a difficult transition in my life. She is patient and accommodating and her attention to detail helps make certain that positive results will be achieved.”

Jasmin Sandhu’s experience and expertise are integral in ensuring individuals have the best possible chance of success throughout the judicial review process. “She has helped guide me in areas that I wouldn’t have considered on my own and has continued to be supportive throughout the process.”

Experience and Empathy

“I met her when I was in a terrifying position and her knowledge of her field is what helped me get to a better place in my life today.” Jasmin Sandhu’s track record of success and empathetic approach to client advocacy make her an exceptional resource for those in need of legal guidance, helping clients navigate challenging legal landscapes and successfully immigrate to Canada.

Empowerment Through Judicial Review

Immigration cases can be incredibly complex, and it can be challenging for individuals undertaking the immigration process in Canada to know what options are available to them.

If you are facing unfavourable immigration decisions, exploring the judicial review process can be life-changing. With the right legal guidance and the right resources, judicial review can provide another chance at the outcome you have been hoping for.

Expert Guidance for Judicial Review in Immigration Law

Judicial review is a fundamental aspect of the Canadian immigration system used to overturn an undesirable or unfair administrative decision, ensuring these meaningful judgements are fair and accurate.

By exploring the judicial review process and seeking guidance from experienced immigration and refugee lawyers like Jasmin Sandhu Law, individuals can take proactive steps toward protecting their rights and securing a fair outcome.

It’s crucial for those facing complications or setbacks in the immigration process in Canada to know their options and seek the right immigration lawyer to address their concerns, guide them through the process and fight for them.

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