A Federal Court judicial
review is one of the primary legal remedies to challenge an immigration
refusal. The Court does not usually grant the visa or permit directly. Instead,
if successful, the Court typically sets aside the decision and returns the
matter to IRCC for reconsideration by a different officer.¹
1. Act Quickly and
Protect the Deadline
Judicial review begins by
filing an Application for Leave and for Judicial Review under section 72
of the Immigration and Refugee Protection Act (IRPA).²
Strict timelines apply. In
most cases, applicants have 15 days to file if the decision was made in
Canada, or 60 days if made outside Canada.² Missing the deadline can
result in losing the right to proceed.
2. Identify a Reviewable
Legal Error
Judicial review is not a
re-application. The Federal Court examines whether the decision was unreasonable or procedurally unfair. The leading Supreme Court authority on
reasonableness is Canada (Minister of Citizenship and Immigration) v Vavilov.³
Strong judicial review cases
often show that:
- The officer ignored important evidence;
- The reasoning is internally inconsistent or
illogical;
- The wrong legal test was applied; or
- Procedural fairness was breached.
The Court does not reweigh
evidence — it reviews whether the decision was justified, transparent, and
intelligible.³
3. Build a Clear and
Focused Applicant’s Record
The Federal Court process is
technical and rule-driven. Applicants must comply with the Federal Courts
Citizenship, Immigration and Refugee Protection Rules and related practice
guidance.¹
A strong Applicant’s Record
clearly identifies the legal errors and ties them directly to the evidence in
the record.
4. Consider Litigation
Strategy — Including Settlement
Many immigration judicial
review matters resolve after the Applicant’s Record is filed. In appropriate
cases, the Department of Justice may agree to set aside the decision and return
it to IRCC for reconsideration (often called a “consent” resolution).⁴
However, even a consent
resolution requires strategic handling to ensure the reconsideration stage is
properly managed.
5. Legal Representation
Is Strongly Recommended
Judicial review is Federal
Court litigation. It involves strict deadlines, technical formatting rules, and
complex legal arguments. Self-representation is not recommended, as procedural
errors can undermine an otherwise strong case.¹
An experienced immigration
litigation lawyer can:
- Assess whether the case contains a true
reviewable error;
- Draft persuasive legal arguments grounded in
case law;
- Navigate Federal Court procedure correctly; and
- Pursue settlement where appropriate.
How We Help
At A&M Canadian
Immigration Law Corporation, we represent clients in immigration
judicial review matters across Canada, with a strong presence in Winnipeg.
We carefully analyze refusals, identify reviewable errors, and develop
strategic litigation plans aimed at achieving successful outcomes.
If your application has been
refused and you are considering judicial review, contact us promptly to protect
your legal rights.
