Judicial Review
(Federal Court of Canada)
What is a judicial review and when is it used?
A judicial review is a court process where the Federal Court of Canada reviews an immigration decision to decide whether it was made properly. The Court does not re-assess your application and does not approve visas or permanent residence. It only decides whether the officer or tribunal made a legal or procedural error. Judicial review is usually used when an immigration application is refused and there is no right of appeal, or when the refusal is clearly unreasonable, ignores evidence, applies the wrong legal test, or violates basic fairness.
What a judicial review is not?
Judicial review is not a second application, not an appeal, and not a chance to submit missing documents. You cannot fix mistakes in your original application or add new evidence. The Court only looks at what the officer had at the time of the decision and whether the decision-making process was legally sound.
Which immigration decisions can be challenged?
Most immigration decisions can be judicially reviewed, including refusals of visitor visas, work permits, study permits, permanent residence applications, spousal sponsorships, H&C applications, inadmissibility findings, removal orders, PRRA decisions, and many Immigration and Refugee Board decisions.
What the deadlines are?
Judicial review has some of the strictest deadlines in Canadian law. If the decision was made inside Canada, the application usually must be filed within 15 days. If the decision was made outside Canada, the deadline is usually 60 days. Missing the deadline often means losing the right to judicial review permanently. Extensions are rare and difficult to obtain.
How the judicial review process works in practice?
Judicial review has two mandatory stages.
Stage 1. The first stage is the application for leave. A Federal Court judge reviews written materials and decides whether there is a serious legal issue worth hearing. There is no hearing at this stage. Most cases end here.
Stage 2. If leave is granted, the case moves to the second stage, which is the actual judicial review. Both sides file detailed legal arguments and appear before a judge. The judge then decides whether the decision should be set aside.
What “leave” really means and why most cases end there?
Leave means permission from the Court to continue. It is not automatic. Many applications are refused at this stage. Disagreement with the refusal or personal hardship is not enough. There must be a clear legal or procedural error. If leave is refused, the case ends and cannot be appealed.
Common legal errors that can lead to success
Successful judicial reviews usually involve serious problems such as ignoring key evidence, applying the wrong legal test, drawing conclusions that are not supported by the record, failing to give reasons, or denying procedural fairness. Judicial review focuses on legal reasoning, not sympathy.
What happens if the judicial review succeeds?
If the Court finds an error, it usually sends the case back to a different officer for reconsideration. The Court does not approve the application. A new officer must re-decide the case while correcting the errors identified by the Court.
Does success guarantee approval?
No. Judicial review only guarantees a new decision, not a positive one. The application can still be refused again, but the officer must address the Court’s concerns.
How long the process takes?
Judicial review is not fast. Leave decisions can take several months. If leave is granted, the full process can take many more months. It should not be relied on to quickly fix status or enforcement issues.
Why judicial review is risky and why legal representation matters?
Judicial review is technical and unforgiving. Weak arguments, missed deadlines, or poor drafting can permanently close the door to review. It is not suitable for every refusal and must be carefully assessed before filing. Judicial review is about identifying legal errors and presenting them correctly under Federal Court rules. Most self-represented cases fail at the leave stage because the issues are framed incorrectly or deadlines are missed.
How much does judicial review cost?
Our legal fees for judicial review are $2,000 + HST for the leave stage and $2,000 + HST for the judicial review stage if leave is granted. The court filing fee is $50.
Our scope of services
Our services include reviewing the refusal, assessing whether judicial review is realistic, preparing and filing the leave application, drafting legal arguments, communicating with the Department of Justice, and representing the client through the agreed stages of the judicial review.
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