What is a certified question and why does it matter for an immigration judicial review?
A certified question is a serious question of general importance that the Federal Court judge who decided a judicial review formally certifies at the end of their decision. It is not automatic, and it is not something either side can simply demand — the judge has to be satisfied that the question genuinely transcends the specific case and would actually be dispositive of an appeal, not just an interesting or debatable point.
Certification matters enormously because, for immigration judicial reviews, it is the only way to appeal further to the Federal Court of Appeal. Without a certified question, the Federal Court's decision is final, no matter how significant the outcome feels to the person involved or how strongly they disagree with it. This is a notable difference from many other areas of Canadian litigation, where a broader right of appeal typically exists as a matter of course.
Because certification depends on the trial judge's own assessment, raising the possibility of a certified question, and framing why a particular issue meets that threshold, needs to happen as part of the judicial review itself, not as an afterthought once the decision has already been released.
Key takeaways
- A certified question is a serious question of general importance, certified by the deciding judge.
- It is the only route to appeal a judicial review decision to the Federal Court of Appeal.
- Without certification, the Federal Court's decision is final, regardless of its impact on the person.
- Raise the case for certification during the judicial review itself, not after the decision is released.