Immigration Application Refused? Judicial Review Applications Explained

Getting a refusal on your immigration application can be stressful and discouraging. The good news is that in many cases, you may still have an option to challenge the decision through a judicial review application. 

The timelines for filing an application for leave and for judicial review are strict. Such an application must be filed within 15 days of receiving a decision made in Canada, or within 60 days if the decision was made outside Canada. 

What is Judicial Review?

Judicial Review is a process where the Federal Court of Canada examines an immigration decision to determine whether it was made fairly and reasonably. It is not a re-hearing of the application, and the Court will usually not allow new evidence subject to few exceptions. 

Judicial Review applications involve the following two steps.

Step One: Application for Leave

Before a judicial review can proceed, the applicant must obtain leave (permission) from the Federal Court. At this stage, the applicant must demonstrate that there is an arguable case that merits the Court’s consideration.

At the leave stage, the process is conducted exclusively through written submissions. Counsel for the applicant files legal arguments outlining the basis upon which the case warrants consideration by the Court. If the Court denies leave, the proceeding concludes. If the Court grants leave, the matter advances to a full judicial review hearing.

Step 2: Judicial Review Hearing

Once the Court grants leave, the matter proceeds to a hearing. If the Court finds that the decision was unreasonable or rendered in a procedurally unfair manner, the Court may set aside the decision and return it for reconsideration by a different officer or tribunal member.

If you have received an immigration refusal, it is important to seek legal advice without delay. ​​We invite you to contact our office today to explore your options and determine the best path forward.