Judicial Review · Federal Court of Canada
A refusal is not final until the deadline to challenge it has passed.
Immigration officers have to justify their decisions and reach them fairly. When a refusal ignores the evidence, misstates the law, or arrives without a chance to respond, the Federal Court of Canada can set it aside. The window to ask is 15 days for matters arising in Canada and 60 days for matters arising abroad.
Have your refusal reviewed
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What the Court examines
The judge asks whether the decision can stand.
A judicial review is not a second application. The judge does not ask whether they would have approved you. They ask whether the officer's decision holds up when its reasoning and its process are tested against the law.
Reasonableness
Since the Supreme Court's 2019 decision in Vavilov, a decision must be justified, transparent, and intelligible. Reasons that skip over central evidence or contradict themselves do not meet that standard.
Procedural fairness
An officer who doubts your credibility, or relies on information you never saw, generally has to give you an opportunity to answer before refusing. Skipping that step is a ground on its own.
The record
The Court works from what the officer had: your application, the officer's notes, and the refusal. The case is won or lost on that material, which is why it is obtained and read first.
Which decisions can be reviewed
Nearly every refusal, from visitor visa to permanent residence.
Study permits, work permits, visitor visas, Express Entry and provincial nominee applications, in-Canada spousal sponsorships, humanitarian and compassionate requests, and findings of misrepresentation or inadmissibility can all be brought before the Federal Court.
The exception is a decision that carries a right of appeal to the Immigration Appeal Division. There, the appeal comes first. Identifying which route applies is the first thing we do, because the deadlines differ and both are short.
Tell us what was refusedFrom refusal to redetermination
File the application for leave
A short document filed with the Federal Court and served on the government within the 15 or 60 day limit. It secures your place. The detailed argument comes afterwards.
Obtain the officer's reasons
The Court asks IRCC for the reasons behind the refusal. These include the officer's file notes, which usually say far more than the refusal letter did.
File the applicant's record
Sworn affidavit evidence and a written legal argument. The Rules allow 30 days, and a Federal Court special order in effect since June 26, 2026 adds a further 90. The government then files its response.
Leave, then a hearing
A judge decides on the written materials whether to grant leave. If granted, the case is argued at a hearing, and a successful applicant has the refusal set aside and the file decided again.
What this means for you
Challenge the decision, or replace it?
Going to court is not always the right answer, and a lawyer who says it is has not read your file. The question is where the fault lies: in the officer's decision, or in the application the officer was given.
When judicial review fits
The evidence was in the file and the officer did not deal with it. The wrong legal test was applied. No chance was given to respond to a concern. Or the refusal leaves a mark that a fresh application cannot remove, such as a misrepresentation finding or a program that has since closed.
When a new application fits
The refusal was a fair reading of what was submitted. Documents were missing, explanations were thin, or circumstances have changed since. A court cannot consider evidence the officer never had, so the stronger move is a better application.
Why it's worth doing right
Written advocacy, against the government's lawyers.
Most judicial reviews are decided at the leave stage, on paper, by a judge who will never meet you. The Minister is represented by counsel from the Department of Justice. What reaches the judge is a written argument, and it has to show precisely where the decision went wrong.
The deadline secured first
We file the application for leave inside the time limit, then build the argument once the officer's reasons arrive.
Reasons read line by line
We compare the officer's notes with what you submitted and identify the specific errors a judge can act on.
Resolution explored early
Where the error is clear, government counsel may agree to have the application decided again without a hearing. We raise that possibility as soon as the record supports it.
A candid opinion at the start
Before you commit, we tell you what the refusal's weak points are, what the risks are, and whether another route would serve you better.
The filing deadline
15
days for matters arising in Canada, 60 for those arising abroad
The count begins when you learn of the refusal, not when you find a lawyer. After it ends, the Court has to be asked for an extension, and may say no. If you are holding a refusal letter, check its date today.
Send us your refusalCommon questions
What people ask us after a refusal.
What is judicial review of an immigration decision?
Judicial review is a proceeding in the Federal Court of Canada in which a judge examines a decision made under the Immigration and Refugee Protection Act, such as the refusal of a visa, permit, or permanent residence application. The judge determines whether the decision was reasonable and whether the process that led to it was fair. If it was not, the Court sets the decision aside and returns the application to be decided again by a different officer.
What is the deadline to apply for judicial review?
An application for leave and for judicial review must be filed within 15 days if the matter arose in Canada, and within 60 days if it arose outside Canada. Time runs from the day you were notified of the decision or otherwise became aware of it. A judge can extend the deadline, but only on a request that explains the lateness and shows the case has merit, and an extension is never guaranteed.
What does leave mean in a judicial review?
Leave is the Court's permission for the case to go ahead. Immigration judicial reviews have two stages. In the first, a judge reads the written materials from both sides and decides, without a hearing, whether the case raises a fairly arguable issue. Only if leave is granted does the second stage happen: an oral hearing before a judge. If leave is refused, the case ends, and that refusal cannot be appealed.
Can I give the Court new documents that the officer never saw?
Generally not. The Court reviews the decision on the record that was in front of the officer. Evidence that was not part of the application is admitted only in narrow situations, for example to show that the process was unfair. If the real weakness of the application was missing evidence, a new application that includes it is usually the better remedy.
What happens if the judicial review succeeds?
The refusal is set aside and the application is sent back to IRCC for redetermination by a different decision-maker. The Court does not approve the application itself. The new officer must decide it again in line with the Court's reasons, and applicants are often permitted to update their evidence at that point. The same result can also be reached by agreement, when the government consents to a redetermination before any hearing.
Is judicial review the same as an appeal?
No. An appeal, where one exists, is a fuller reconsideration that usually allows new evidence and testimony. Only some immigration decisions carry a right of appeal to the Immigration Appeal Division, including refused family class sponsorships and findings that a permanent resident did not meet the residency obligation. Where a right of appeal exists, it has to be used before the Federal Court can be asked to review the decision. Most refusals of temporary visas, permits, and economic class applications have no appeal, which leaves judicial review as the remedy.
How long does judicial review take in 2026?
Longer than it used to. The Federal Court has reported that immigration filings may exceed 30,000 in 2026, close to five times the number before the pandemic, and that its Registry can take up to eight weeks to process a new file. In response, a special order in effect since June 26, 2026 gives applicants 90 days beyond the 30 days in the Rules to file their record. From filing to a hearing, a contested case commonly takes many months. Cases resolved by agreement end sooner.
Should I apply for judicial review or submit a new application?
It depends on why the application was refused. Judicial review fits when the officer overlooked evidence, misread the law, or decided without giving you a chance to respond. A new application fits when the first one was incomplete or the evidence was thin. Sometimes both are pursued together. The choice matters most when the refusal has lasting consequences, such as a finding of misrepresentation, which carries a five-year bar that a new application cannot undo.
Can an immigration consultant handle a judicial review?
No. Regulated immigration consultants are authorized to act before IRCC and the Immigration and Refugee Board, but not in the Federal Court. A person may represent themselves there or be represented by a lawyer. If your original application was prepared by a consultant, a lawyer has to take over for the court proceeding.
Founding Partner
Joshua Schachnow, B.Com., J.D.
Josh is a Toronto-based lawyer who has been practicing immigration law for more than 9 years. More specifically, he's helped thousands of individuals and companies navigate Canadian immigration - from work permits to permanent residence, study permits, citizenship, LMIAs and more. Josh always puts his clients first, and believes quick and thoughtful communication is most important to making the process as smooth and stress-free as possible.
Called to the Ontario Bar. Member of the Law Society of Ontario, and the Canadian Immigration Lawyers Association.
The clock is already running
Find out if your refusal can be challenged.
Tell us what was refused, the date on the letter, and where you were when you received it. Within one business day, a licensed immigration lawyer will confirm your deadline, tell you whether judicial review or a new application is the stronger route, and explain the next step.