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Canadian immigration law allows you to request an Immigration Judicial Review through the Federal Court of Canada. When an immigration application is refused by Immigration, Refugees and Citizenship Canada (IRCC), applicants may feel they have no further options.  This process gives the court the power to review whether IRCC made a fair and reasonable decision.

This blog explains what an immigration judicial review is, how it works, deadlines, success rates, and whether it is the right option for you.

What Is an Immigration Judicial Review?

An Immigration Judicial Review is a legal process where the Federal Court reviews a decision made by IRCC. This includes refusals related to:

• Study permits

• Work permits

• Visitor visas

• Permanent residence applications

• Other immigration-related decisions

The court does not reprocess your application or approve your visa. Instead, it examines whether IRCC made a legal or procedural error.

What Happens If You Win?

If the court rules in your favour:

• The refusal decision is set aside

• Your application is sent back to IRCC

• A different immigration officer reviews your case again

• The review is based on your original application only

Important: Even after winning a judicial review, IRCC can still refuse the application again.

Standard of Review: Reasonableness

In most immigration judicial reviews, the Federal Court applies the reasonableness standard, unless there is a breach of natural justice or procedural fairness.

A decision is considered reasonable if:

• It is logically explained

• It is supported by facts and law

• It falls within a range of acceptable outcomes

The court respects the decision-maker’s authority and will not substitute its own opinion unless the decision clearly lacks justification.

Strict Deadlines for Filing a Judicial Review

Time limits are very strict:

• 15 days if the refusal decision was made inside Canada

• 60 days if the decision was made outside Canada

Extensions are only granted in exceptional circumstances with strong justification.

How to Apply for Immigration Judicial Review

Step 1: File an Application for Leave

You must first request leave (permission) from the Federal Court. This is done by submitting:

• A Notice of Application to the Federal Court

• A copy to the Department of Justice (DOJ)

This step notifies the government that you intend to challenge IRCC’s decision.

Step 2: Department of Justice Responds

The DOJ files a Notice of Appearance, confirming they will respond on behalf of IRCC.

Step 3: Rule 9 – Officer’s Notes

If reasons for refusal were not already provided, the court orders IRCC to release them under Rule 9. These include:

• Immigration officer’s notes

• Internal decision-making records

Step 4: Applicant’s Record

You must submit an Applicant’s Record, which includes:

• Legal arguments

• Case law

• Explanation of why IRCC’s decision was unreasonable or unfair

This is a critical stage and requires strong legal research.

Step 5: Respondent’s Record

The DOJ submits its own memorandum defending IRCC’s decision. You are then allowed to reply.

Step 6: Decision on Leave

The judge reviews all documents on paper only and decides whether to grant leave.

• Approximately 80% of leave applications are refused

• Only about 20% of visa cases receive leave

• There is no appeal if leave is denied

If leave is granted, the court schedules an oral hearing.

Judicial Review Hearing

At the hearing:

• You argue that IRCC made an error in law, fact, or fairness

• IRCC argues that the decision was reasonable

• No new evidence is allowed

• The judge reviews the decision-making process, not the outcome itself

A final decision is usually issued 1–6 months after the hearing.

Outcome of a Judicial Review

If the court allows the judicial review:

• The refusal is cancelled

• IRCC must reassess the application

• A new officer conducts the review

• The outcome may still be a refusal

Immigration Judicial Review Success Rate in Canada

Success depends on the strength of your case.

• Only 20% of cases receive leave

• Some cases are settled early, meaning IRCC agrees to reconsider without a hearing

• IRCC may settle to:

  • Save time and costs

  • Avoid creating a legal precedent

  • Prevent changes to internal decision-making policies

Is Judicial Review the Right Option?

Judicial review is not always appropriate.

Not Suitable When:

• You receive a procedural fairness letter (decision not final)

• You can appeal to the Immigration Appeal Division (IAD)

Judicial review is considered a last resort, only after all other remedies are exhausted.

Judicial Review vs Appeal: What’s the Difference?

You must usually appeal first, if eligible, before requesting judicial review.

Can You Appeal a Federal Court Decision?

Generally, no.

You can only appeal to the Federal Court of Appeal if:

• The judge certifies a serious legal question

• Both parties are allowed to propose questions for certification

Can I Represent Myself?

Yes. The Federal Court provides self-representation guides. However:

• The process is complex

• Legal research and argument drafting are required

• Missing deadlines can end your case

Hiring an experienced immigration lawyer with Federal Court experience is strongly recommended.

Legal Fees: Will You Get Them Back?

Usually, no.

Even if you win, the Federal Court rarely orders the Department of Justice to pay your legal fees unless there are exceptional circumstances.

Final Thoughts

An Immigration Judicial Review is a formal legal process with:

• Strict deadlines

• Limited success rates

• No new evidence allowed

• High importance of legal reasoning

If your refusal involves legal or procedural errors, judicial review may be worth pursuing but only with careful preparation and professional guidance.

In Summary

• Judicial review challenges how a decision was made, not the decision itself

• Federal Court applies the reasonableness standard

• Filing deadlines are strict (15 or 60 days)

• Only about 20% of cases receive leave

• Legal representation significantly improves your chances