Judicial review of a Refugee Protection Division decision
Federal Court application for leave and judicial review of a refused refugee claim where no appeal to the Refugee Appeal Division exists.
What is included
- Reviews the decision, the reasons and the officer's notes
- Files the application for leave and judicial review within the deadline
- Prepares the applicant's record, affidavits and memorandum of argument
- Brings a motion to stay removal where needed
- Argues the case at the hearing if leave is granted
What is not included
- Government processing, court and other official fees, and other disbursements
- Translations, medical exams, police certificates and other third-party costs
- A new application or a further appeal after a decision, unless agreed in writing
- Work by NEO Legal Services: NEO is a paralegal firm and only makes the referral
Who this service is for
- People refused a visa, permit, permanent residence or citizenship
- Refugee claimants refused by the Refugee Appeal Division
- People whose application has been unreasonably delayed
Information to have ready
- 1The decision letter and the date you received it
- 2Your complete application as submitted
- 3Any officer's notes you have obtained
- 4Any removal or interview notices
How a referral works
- 1Tell us in a few words what the matter is about, and who else is involved, so we can check for a conflict of interest.
- 2We recommend an Ontario lawyer for your matter, and at least one other you could choose instead.
- 3The lawyer runs their own conflict check, confirms the scope and quotes the fee, normally in a written retainer agreement.
- 4You pay the lawyer's fee to the lawyer. Any referral fee comes out of it, is disclosed to you in writing, and never increases what you pay.
NEO Legal Services Professional Corporation is a licensed paralegal firm, not a law firm. Every step of a referral, and your rights
Frequently asked questions
What does the lawyer charge?
A typical Ontario fee for this service is $4,500–$9,000, plus HST. The lawyer quotes the actual fee before any work starts. You pay the lawyer directly; the referral itself costs you nothing.
Does the Federal Court decide my application again?
No. The court reviews whether the decision was reasonable and fair. If you succeed, the matter is usually sent back for a new decision by a different officer or member.
What is leave?
In immigration cases you need the court's permission (leave) before your judicial review can go ahead to a hearing. The leave stage is decided on written materials.
General information only, not legal advice. NEO Legal Services Professional Corporation is a licensed paralegal firm regulated by the Law Society of Ontario.
Important limitations
- No approval, visa or decision can be guaranteed; the government, tribunal or court decides
- Deadlines and removal dates are not paused while you choose a lawyer
- Information must be complete and truthful; misrepresentation can lead to a five-year ban
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