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Last verified: June 2026 · Source: justice.gc.ca← Back to IRPA ExplorerLast verified: June 2026 · Source: justice.gc.ca
PART 1: Immigration to CanadaDIVISION 8: Judicial Review
§74

Judicial review

Judicial review

Judicial Review
🍁 In Simple Terms

Once leave is granted, the hearing is set between 30 and 90 days later and the judge deals with it quickly and in a summary way. Going further, to the Federal Court of Appeal, is possible only if the judge certifies that the case raises a serious question of general importance, which is uncommon.

Affects: Persons subject to removal or detention
Legal Text: IRPA Section 74

74 Judicial review is subject to the following provisions: (a)the judge who grants leave shall fix the day and place for the hearing of the application; (b)the hearing shall be no sooner than 30 days and no later than 90 days after leave was granted, unless the parties agree to an earlier day; (c)the judge shall dispose of the application without delay and in a summary way; and (d)subject to section 87.01, an appeal to the Federal Court of Appeal may be made only if, in rendering judgment, the judge certifies that a serious question of general importance is involved and states the question.

In Practice
Official Source: Justice Canada: IRPA s. 74 (authoritative, may differ from this display)
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