Receiving a refusal on your Canadian visa or permit whether
it’s a study permit, work permit, or visitor visa can feel discouraging.
Many applicants reapply immediately, but doing so without addressing the core
issue often leads to the same outcome. A stronger alternative in some cases is
pursuing a Judicial Review in Federal Court.
What is a Judicial Review?
A Judicial Review is not a new application. Instead,
it is a legal process where an independent Federal Court judge reviews the
immigration officer’s decision to determine if it was:
- An
error of law or fact
- A
procedural error (e.g., unfair process)
- Unreasonable (e.g., refusal despite clear financial proof such as six months of bank
statements)
The judge does not look at new evidence. They only check
whether the immigration officer:
- Followed
Canadian law
- Acted
fairly
- Made a
reasonable decision based on the evidence provided
Because of its complexity, a Judicial Review can only be
argued by a licensed immigration lawyer.
Deadlines to File
- 15
days: if the refusal was received inside Canada
- 60
days: if the refusal was received outside Canada
These timelines begin from the date of refusal, so quick
action is essential.
Should You Consider Judicial Review?
Judicial Review makes sense if your application was strong
and well-documented but refused unfairly. If your refusal is due to weak
documents or missing evidence, reapplying with better preparation may be more
suitable.
Next Steps
If you’ve just received a refusal and want to understand
your chances, book your first free in-person appointment with A&M
Canadian Immigration Law Corporation. Our immigration lawyer can assess
your case and guide you on whether a Judicial Review is the right option for
you.
