What the Court Can and Cannot Do in Judicial Review Cases

Immigration officers have significant discretion when deciding applications. However, that discretion is not unlimited. Decisions must still be supported by the evidence, made fairly, and reasonably connected to the facts before the officer.

In Rehman v. Canada, 2026 FC 805, the applicant was refused after the officer concluded that he had not demonstrated sufficient ties outside Canada and would not leave at the end of his authorized stay. However, the record showed important evidence in his favour, including his employment history, family connections outside Canada, and the purpose of his visit. The Court found the decision unreasonable because the officer failed to assess the applicant’s short- and long-term goals together and did not properly consider significant evidence supporting his return. An officer cannot ignore favourable evidence, rely on assumptions, or reach conclusions that the record does not support.

In Parham v. Canada, 2025 FC 1240, the applicant provided evidence of financial resources, family ties outside Canada, a study plan, employment history, and career opportunities connected to the proposed program. The officer refused the application based on concerns about finances, family ties, and purpose of study. The Court found that the refusal was unreasonable because important evidence was not properly addressed. The decision was set aside and sent back for redetermination by another officer.

These cases explain the purpose of Judicial Review. The Federal Court does not intervene simply because an applicant disagrees with a refusal. It does not usually approve the application directly or decide the case again from the beginning.

Instead, the Court reviews whether the decision-making process was fair and reasonable. It examines whether the officer considered the evidence, applied the correct legal principles, and provided reasons that explain how the decision was reached.

If the Court finds a legal flaw, it may set aside the refusal and send the matter back for reconsideration. This is why a refusal should be carefully reviewed before deciding to reapply. Sometimes, the issue is not the application itself, but how the decision was made.

At A&M Immigration Law Corporation, we help applicants identify possible legal errors and determine whether Judicial Review is the right step forward.