Overview
Understanding Judicial Review in Immigration Matters
Judicial review is a legal process that allows individuals to challenge decisions made by immigration officers, the Immigration and Refugee Board (IRB), or other administrative decision-makers at the Federal Court of Canada. This remedy is available when you believe a decision was made unfairly, unreasonably, or contrary to law.
The Federal Court does not re-decide your immigration case on its merits. Instead, it reviews whether the decision-maker followed proper procedures, considered relevant evidence, and reached a decision that was reasonable based on the facts and applicable law. If the Court finds errors, it can set aside the decision and order a new hearing before a different decision-maker.
Judicial review applications are subject to strict deadlines. For most immigration decisions, you must file your application for leave and judicial review within 15 days of receiving the decision. For refugee matters, the deadline is also 15 days. Missing these deadlines can result in losing your right to challenge the decision.
Our Vancouver immigration lawyers have extensive experience representing clients in Federal Court proceedings. We understand the legal standards applied by the Court and can assess whether your case has merit. If judicial review is appropriate, we will guide you through every step of the process, from drafting the application to arguing your case before the Court.
Decisions We Can Challenge
- Visa Refusals (Visitor, Study, Work Permits)
- Permanent Residence Application Refusals
- Sponsorship Application Refusals
- Refugee Claim Rejections (RPD Decisions)
- Refugee Appeal Division (RAD) Decisions
- Deportation and Removal Orders
- Inadmissibility Findings
- Pre-Removal Risk Assessment (PRRA) Refusals
- Humanitarian & Compassionate (H&C) Refusals
- Citizenship Application Refusals
The Judicial Review Process
Decision review
We analyze the decision and reasons to identify legal errors, procedural fairness breaches, or unreasonable findings that may form grounds for judicial review.
Leave application
We file an application for leave within the 15-day deadline. Leave is permission from the Court to proceed with judicial review—the Court must be satisfied the case is arguable.
Record & submissions
If leave is granted, we obtain the tribunal record, prepare written memoranda of argument, and submit supporting case law and evidence.
Court hearing
We represent you at the Federal Court hearing in Vancouver, presenting oral arguments and responding to the Crown's submissions.
Decision & remedy
If successful, the Court sets aside the original decision and typically orders a redetermination by a different decision-maker. We advise on next steps.
Frequently Asked Questions
What is the deadline to file for judicial review?
For most immigration decisions, you must file your application for leave and judicial review within 15 days of receiving the decision. This is a strict deadline set by the Federal Courts Citizenship, Immigration and Refugee Protection Rules. Missing this deadline typically means you lose your right to challenge the decision, though extensions may be granted in exceptional circumstances.
What does 'leave' mean in judicial review?
Leave is permission from the Federal Court to proceed with your judicial review application. The Court grants leave if it is satisfied that your case raises a fairly arguable issue—meaning there is a reasonable chance of success. The leave stage is decided based on written materials without an oral hearing. If leave is refused, your application ends. If granted, your case proceeds to a full hearing.
What are the grounds for judicial review?
Common grounds include: procedural fairness breaches (not being given an opportunity to respond to concerns), unreasonable decision-making (conclusions not supported by evidence), errors of law (misinterpreting legislation or case law), and fettered discretion (failing to consider your specific circumstances). The Court applies different standards of review depending on the issue.
Does filing for judicial review stop my deportation?
Filing an application for leave and judicial review does not automatically stop removal from Canada. You must separately apply for a stay of removal, which is a court order temporarily halting your deportation until your judicial review is decided. Stays are granted when you demonstrate a serious issue, irreparable harm if removed, and that the balance of convenience favors granting the stay.
What happens if I win my judicial review?
If the Federal Court grants your judicial review application, it typically sets aside the original decision and sends your matter back to a different decision-maker for redetermination. This means you get a new hearing or assessment, but it does not guarantee a favorable outcome on the merits. The new decision-maker must consider your case fresh while following the Court's guidance.