I Won My Judicial Review. Can I Start Working Now?
A successful judicial review can be a significant victory in an immigration matter. However, many applicants are surprised to learn that winning in Federal Court does not automatically grant them a work permit, nor does it authorize them to begin working in Canada.
Understanding what happens after a successful judicial review is critical, particularly for individuals whose ability to work and support themselves depends on the outcome of their immigration application.
What Happens When a Judicial Review Is Successful?
In most immigration judicial reviews, the Federal Court does not substitute its own decision for that of Immigration, Refugees and Citizenship Canada (IRCC).
Instead, the Court will typically issue an order setting aside the officer’s decision and sending the matter back to a different officer for redetermination.
In practical terms, this means:
The refusal decision is cancelled;
The application is reopened;
A new officer must reconsider the application; and
The new officer must do so in accordance with the Court’s reasons.
Importantly, the Court is not approving the application.
The new officer retains the authority to approve or refuse the application, provided that any new decision is reasonable and addresses the concerns identified by the Court.
A Successful Judicial Review Does Not Create Work Authorization
This is where many applicants encounter difficulties.
Even though the refusal has been set aside, the applicant still does not have a work permit unless and until IRCC issues one.
The Federal Court’s order does not function as a temporary work permit. It does not grant employment authorization. It simply requires IRCC to reconsider the application.
As a result, beginning employment immediately after a successful judicial review may place an individual in violation of Canadian immigration laws.
What About Maintained Status?
Some applicants may have maintained status (formerly known as implied status) if they submitted a new application before the expiry of their previous authorization and remain eligible under the Immigration and Refugee Protection Regulations.
However, maintained status is highly fact-specific.
Whether an individual may continue working after a refusal has been set aside depends on the procedural history of the application, the applicant’s status in Canada, and the nature of any subsequent applications that may have been filed.
A successful judicial review does not automatically restore work authorization that may have been lost following a refusal.
Can the New Officer Refuse Again?
Yes.
Many applicants assume that winning in Federal Court means the application will inevitably be approved.
That is not necessarily the case.
The new officer must reconsider the application fairly and reasonably, but may still refuse the application if there are legitimate grounds for doing so.
The difference is that the officer must address the issues identified by the Court and reach a decision that complies with the law.
Why Legal Advice Matters After a Judicial Review
The period following a successful judicial review is often just as important as the litigation itself.
Questions frequently arise regarding:
Whether the applicant has legal status in Canada;
Whether they may work while the matter is being reconsidered;
Whether a new application should be filed;
Whether restoration is required; and
How to respond to additional requests from IRCC.
Making assumptions about work authorization can have serious consequences for future immigration applications.
How Summit Point Law Can Help
At Summit Point Law, we represent clients in immigration litigation before the Federal Court and assist applicants through the redetermination process following a successful judicial review.
If your work permit application was refused and you have successfully challenged that decision—or are considering a judicial review—we can help you understand your status, your rights, and the next steps in your matter.
Every case is unique. Before accepting employment or continuing to work in Canada, it is important to obtain advice based on your specific circumstances.
This article is intended for general information only and does not constitute legal advice.