Judicial Review in Canadian Immigration: What You Need to Know

Judicial Review in Canadian Immigration: What You Need to Know

When an immigration application is refused by Immigration, Refugees and Citizenship Canada (IRCC), many applicants believe there are no further options. In reality, judicial review in Canadian immigration law is a powerful legal remedy that can challenge unfair, unreasonable, or legally flawed decisions.

This guide explains what judicial review is, when it applies, deadlines, success factors, and why legal representation is critical.

1. What Is Judicial Review in Immigration Law?

Judicial review is a legal process where the Federal Court of Canada examines whether an immigration officer made a legal or procedural error in refusing an application.

Important points:

• The Court does not re-assess your application
• It reviews the lawfulness and reasonableness of the decision
• If successful, the refusal may be set aside and sent back for reconsideration

Judicial review is often the last legal option after a refusal.

2. Which Immigration Decisions Can Be Judicially Reviewed?

Judicial review applies to many immigration decisions, including:

• Study permit refusals
• Work permit refusals or extensions
• Visitor visa refusals
• Permanent residence (PR) refusals
• Spousal sponsorship refusals (in some cases)
• LMIA-related refusals
• Procedural fairness breaches
• Returned applications marked “incomplete”

Not every refusal qualifies—legal analysis is required.

3. Common Grounds for Judicial Review

The Federal Court may intervene if the decision was:

🔹 Unreasonable

• Officer ignored key evidence
• Decision lacks logical explanation
• Conclusions do not match the facts

🔹 Procedurally Unfair

• No opportunity to respond to concerns
• Procedural fairness letter not issued when required
• Applicant not given a chance to explain issues

🔹 Legally Incorrect

• Misinterpretation of immigration law or regulations
• Incorrect application of policy or guidelines

Judicial review focuses on errors of law, not disagreement.

4. What Judicial Review Is NOT

Judicial review:

• ❌ Is not an appeal
• ❌ Does not guarantee approval
• ❌ Does not allow new evidence (except in limited cases)

Instead, it ensures fair decision-making under Canadian law.

5. Deadlines for Filing Judicial Review

Strict timelines apply:

• 15 days if the decision was made inside Canada
• 60 days if the decision was made outside Canada

Missing the deadline usually means losing the right to judicial review entirely.

6. The Judicial Review Process (Simplified)

1. Legal assessment of refusal decision
2. Filing an Application for Leave in Federal Court
3. Government responds with officer’s record
4. Court decides whether to grant leave
5. If granted, hearing takes place
6. Court issues decision

Many cases resolve before a full hearing.

7. Outcomes of a Successful Judicial Review

If judicial review succeeds:

• The refusal is set aside
• The application is sent back to IRCC
• A different officer re-assesses the case

The Court does not approve the application but ensures fair reconsideration.

8. Judicial Review vs Re-Application

Choosing the wrong path can cause repeat refusals.

9. Risks of Doing Judicial Review Without a Lawyer

Judicial review is complex and technical. Risks include:

• Missing deadlines
• Filing weak legal arguments
• Losing the case permanently
• Damaging future applications

Most self-filed judicial reviews are dismissed.

How Mann Law Can Help

Judicial review requires deep knowledge of immigration law and Federal Court procedures.
Mann Law assists clients with:

• Immigration refusal analysis
• Federal Court judicial review applications
• Procedural fairness responses
• PR, study, work, and sponsorship refusals
• Strategic reapplications after court decisions

• No Solicitor-Client Relationship: Use of this website or email links does not create an Lawyer-client relationship between you and Mann Law.
• Not Legal Advice: This content is for informational purposes only. You should not act or refrain from acting on the basis of any content included in this site without seeking legal or other professional advice.
• Accuracy: While we strive to provide accurate information, the law changes rapidly, and we cannot guarantee that all information provided is current or applicable to your specific situation.