Judicial Review of Immigration Decisions
Written by Lorne Waldman, Canada’s leading authority on immigration and refugee law, Judicial Review of Immigration Decisions provides invaluable context and direction for seeking judicial review at the Federal Court of Canada of decisions made under the Immigration and Refugee Protection Act and the Citizenship Act.
An Indispensable Reference
Unlike other applicants, those looking for judicial review of such decisions have to clear the additional hurdle of seeking leave to commence their application. Judicial Review of Immigration Decisions offers expert insight and practical advice on every step of the judicial review process – from filing the initial motion for leave to appealing a decision of the Federal Court of Appeal. In addition, this text provides detailed interpretation of the applicable Federal Courts Citizenship, Immigration and Refugee Protection Rules, as well as in-depth analysis of the relevant jurisprudence. This text also features an extensively researched discussion of the grounds for and standards of review, including a synthesis of the applicable case law, and in particular, the 2019 Supreme Court of Canada decision in Canada (Citizenship and Immigration) v. Vavilov.
Throughout, Waldman explores and provides guidance on common practice issues, such as:
- Motions for confidentiality under Rules 29 and 151 of the Federal Courts Rules
- Motions to reconsider a judgment pursuant to Rule 397 of the Federal Courts Rules
Precedents of judicial review applications as well as the full text of the applicable legislation and regulations – the Immigration and Refugee Protection Act, the Citizenship Act, the Federal Courts Rules and the Federal Courts Citizenship, Immigration and Refugee Protection Rules – are also included in this comprehensive resource.
Judicial Review of Immigration Decisions would be a particularly useful acquisition for:
- Immigration lawyers who need to advise clients of the processes involved in their judicial review or leave to appeal applications as well as the anticipated procedural challenges
- Immigration consultants who must inform clients about the judicial review process at the Federal Court level and the potential challenges they may face
- Paralegals / Immigration law clerks who need to understand immigration and refugee judicial review and appellate procedures at the Federal Court level
- Government policy advisors and legal counsel who act for Ministers of Citizenship and Immigration at the Federal Court level
- Legal clinics and refugee law advocacy organizations who advise clients about the judicial review process at the Federal Court level and the potential challenges they may face
- Law libraries who want to provide patrons with an authoritative reference on immigration law
Judicial Review of Immigration Decisions is a portable text developed out of Immigration Law and Practice, Second Edition.
Table of contents
Chapter 1: Introduction
Chapter 2: Jurisdiction of the Federal Court
Chapter 3: Leave Requirements
Chapter 4: Procedure on Application for Judicial Review
Chapter 5: Scope of Appeal of Certified Questions to the Court of Appeal
Chapter 6: Appeal of Decisions of the Federal Court of Appeal
Chapter 7: Standard of Review to Be Applied by the Court Sitting on Judicial Review
Chapter 8: Grounds for Judicial Review and Appeals of Immigration Decisions
Chapter 9: The Role of the Federal Court in the Provisions for the Protection of Information Whose Disclosure Would Be Injurious to National Security Under the Immigration and Refugee Protection Act
Forms and Precedents