DO I HAVE A REMEDY FOR MY IMMIGRATION MATTER?
The first question one must as is whether there is a right of appeal for the decision by the immigration officer. Not all decisions by immigration officers have a right of appeal. Application for judicial review to the Federal Court may be the only option for an individual where no right of appeal exists, or where all appeal rights have been exhausted.
HOW DO I APPLY?
There are many nuances in applying for judicial review. The best thing is to get help from an immigration lawyer who will handle the matter for you. In order to apply, an individual needs to seek leave from the Federal Court.
WHAT ARE THE POSSIBLE REMEDIES THE FEDERAL COURT MAY GRANT?
These remedies include injunctions, certiorari, prohibition and mandamus.
An injunction is an order made by the court to stop a public body (tribunal or decision maker) from acting in an unlawful way.
Is a writ ordered by a superior court directing an inferior court to provide the record of proceedings.
An order preventing a public body from acting in a certain way beyond the scope of its powers.
An order from a superior court to a public body to do or refrain from some act.