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In most cases, the decision from this judge is final. For decisions made by the IRB’s:The second stage is called the judicial review. In our previous blog, we explained that when a visa is refused by the Department of Immigration (DIBP), you can, under certain circumstance, take the decision on review with the Administrative Appeals Tribunal (AAT).This blog will potentially explain going to Court if your review at the AAT was unsuccessful.
If the Court gives leave, it means it agrees to examine the decision in depth.A review by the Federal Court is a 2-stage process:The status of your removal order depends on which IRB division made the decision you’re asking the Court to review.
The responses and information are intended to be general and should not be relied upon for any specific situation. For example, if the Immigration and Refugee Board (IRB) rejects your claim for refugee protection, you must file an application for a Federal Court review within 15 days of the IRB decision. Please click the Schedule Consultation link above. If you want to apply for a review, you may want to get legal advice as soon as possible.In the first stage, called the leave stage, the Court reviews the documents about your case. Talbot v. Janson, 3 U.S. (3 Dall.) For legal advice, consult an experienced immigration attorney.Over the past 30 years, our law firm has won a number of significant victories for our clients in Federal Courts across the United States.Formerly the Law Offices of Carl ShustermanCarl Shusterman served as an INS Trial Attorney (1976-82) before opening a firm specializing exclusively in US immigration law. At this stage, you (with or without a lawyer) can attend an oral hearing before the Court and explain why you believe the original IRB decision was wrong.There are deadlines to apply for a review. Judicial Review at the Federal Circuit Court FCC Federal Courts decisions on US immigration, asylum, deportation defense and relief from removal explained by former INS attorney Carl Shusterman. Canada (Minister of Citizenship and Immigration) v. Harkat (2014 SCC 37) Key Paragraphs: 60, 73, 76, 90, 93, 99, 110, 111, 112; Okomaniuk v. Canada (2013 FC 473)
We hope that this page helps you understand the workings of the Federal Courts.Nothing on this website or associated pages, documents, comments, answers, e-mail, articles or other communications should be taken as legal advice for any individual case or situation. He is a Certified Specialist in Immigration Law who has testified as an expert witness before the US Senate Immigration Subcommittee. The American Immigration Council and the American Immigration Lawyers Association commented on the decision from the Ninth Circuit Court of Appeals affirming that the nearly 20-year-old Flores Settlement Agreement governs the custody and release of all immigrant children, and that the Obama Administration’s family detention practices violate that agreement. Not all Supreme Court decisions are ultimately influential and, as in other fields, not all important decisions are made at the Supreme Court level.