A
refusal of a Post-Graduation Work Permit (PGWP) can have serious
consequences for international graduates and their future plans in Canada. In
most cases, there is no traditional appeal for a PGWP refusal. The main
legal option is judicial review in the Federal Court of Canada.
A PGWP judicial review is not a new work permit decision. The Court does
not reassess your PGWP eligibility from the beginning. Instead, it reviews
whether IRCC’s decision was reasonable and whether the process was procedurally
fair.
Start with a strong PGWP
record
Judicial
review focuses on the record that was before the officer. After a refusal, you
should carefully review the full PGWP application submitted to IRCC and the refusal reasons. It is also important to confirm your eligibility against
IRCC’s official PGWP requirements.
Key steps in a PGWP
judicial review
- Confirm strict deadlines: generally 15 days (decision made in Canada) or
60 days (outside Canada).
- File an Application for Leave and for Judicial
Review: the Court must first
grant “leave” (permission).
- Prepare and file the Applicant’s Record: written legal arguments and required documents
under Federal Court rules.
- Possible
settlement after filing the record: in strong cases, the matter may resolve without a hearing (for
example, the decision may be set aside and returned to IRCC for
reconsideration by consent).
- Leave decision: if leave is refused, the case ends; if granted,
it proceeds.
- Hearing (if leave granted): if the Court finds a reviewable error, it may
send the matter back to IRCC for reconsideration.
Legal representation is
strongly recommended
Federal
Court judicial review is complex litigation with strict technical requirements. Self-representation is not recommended, because procedural mistakes or
missed deadlines can undermine the case and create avoidable issues later. A
well-versed lawyer can identify reviewable errors, prepare the record properly,
and pursue settlement where appropriate.
At A&M Canadian Immigration Law Corporation, we provide litigation-focused representation in judicial review immigration cases in Winnipeg and across Canada. We also help clients build strong PGWP applications to reduce refusals.
