How to File for Judicial Review in Canada: A Step-by-Step Guide

Judicial review is a legal remedy available to those who believe a government body made an unfair or unreasonable decision. If you are considering a judicial review application in Canada, this guide will help you understand the process.

Step 1: Determine If You Qualify for Judicial Review

Judicial review is available when:

• A government agency, tribunal, or administrative body made a decision that affects you.
• The decision was unreasonable, unfair, or exceeded authority.
• No other appeal mechanism is available.

Step 2: File an Application for Judicial Review

To start the process, file a Notice of Application in the relevant court, such as the Federal Court of Canada for immigration cases.

Step 3: Prepare Supporting Documents

Your application should include:

• Affidavits outlining key facts
• Legal arguments citing case law
• Any relevant documentation from the administrative body

Step 4: Attend the Judicial Review Hearing

Both parties present their arguments, and the judge evaluates whether the decision was legally sound.

Step 5: Await the Decision

If the court finds in your favor, it may quash the decision, requiring the government body to reconsider it.

Final Thoughts

Filing for judicial review in Canada is a complex legal process requiring a strong understanding of administrative law. Consulting an experienced lawyer can increase your chances of success.