This is the first stage, where the court reviews all the documents which are related to your case. At this stage, you need to try and prove to the federal court that the decision made was not fair, or reasonable and that there was an error. You will need to submit all documents supporting that claim. Based on the above factors, the court will either decide to grant you a ‘leave’ or dismiss the case. “Leave’ means that the court has agreed to examine the decision further in detail or permission to have a matter heard by the Court at an oral hearing.
At the ‘application for judicial review’ stage, you with your lawyer can attend a hearing at the court and provide an explanation on why you believe that the original decision was wrong or why it needs to be amended. For matters pertaining to the decisions made by the Immigration and Refugee Board of Canada (IRB); a request for review by the Federal Court automatically puts a removal order on hold, and you can stay in Canada until the Court makes its decision. However, if the court finds that there was no error in the decision of your case, you are put on a removal order and you must leave Canada within 30 days.