What is the Role of the Federal Court in Immigration Matters?

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What is the Role of the Federal Court in Immigration Matters?

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The Federal Court of Canada is the highest court in the country for immigration matters. It is the court of last resort for all immigration appeals and judicial reviews. The Federal Court has exclusive jurisdiction over immigration matters, meaning that it is the only court that can hear appeals and judicial reviews of decisions made by the Immigration and Refugee Board of Canada (IRB).

The Federal Court hears appeals from decisions made by the IRB, including decisions on refugee protection claims, permanent residence applications, and other immigration matters. The Federal Court also hears judicial reviews of decisions made by the Minister of Immigration, Refugees and Citizenship Canada (IRCC) and the IRB.

The Federal Court has the power to review the decisions of the IRB and the Minister of IRCC, and to set aside or vary those decisions if they are found to be unreasonable. The Federal Court also has the power to order the Minister of IRCC to reconsider a decision, or to order the IRB to reconsider a decision.

The Federal Court also has the power to grant interim relief, such as stays of removal, to individuals who are facing removal from Canada.

The Federal Court is an important part of the Canadian immigration system, as it provides a way for individuals to challenge decisions made by the IRB and the Minister of IRCC. It is important to note that the Federal Court is a court of law, and that it is not a substitute for the IRB or the Minister of IRCC. The Federal Court is the final arbiter of immigration matters, and its decisions are binding on all parties.

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The content above is not intended to provide legal advice or opinions of any kind and may not be used for professional or commercial purposes. E&OE.