What is the difference between a judicial review and an appeal?
The grounds for judicial review are limited to narrow legal grounds. A successful applicant must persuade the Court that there is a legal basis to overturn the decision. Even if the Court disagrees with the decision or thinks that it is wrong, this is not enough.
For example, if the decision-maker reached a conclusion that was reasonable, based on the evidence, the Court will not overturn the decision even if it disagrees. But if it is clear that the decision-maker misunderstood or ignored the evidence, that might be grounds for a successful judicial review.
Other examples of when a judicial review application might succeed are:
- when there is proof that the translation at a hearing was inaccurate, or
- when the decision was based on documents that were not disclosed to the applicant
A lawyer with experience in Federal Court can determine what arguments might exist in an applicant’s case.