Frequently Asked Questions

In this section, we’ve gathered the most common questions applicants ask when it comes to business immigration to Canada, starting and managing a business, or resolving legal disputes.

If you don’t find the answer you’re looking for, simply fill out the contact form and the Shekarian Law Group team will review your case in detail and provide tailored guidance.

What should I do immediately after a refusal?

Confirm the decision date, gather your full submission package and reasons, and get legal advice quickly—because the filing window can be short.

Do I need a lawyer for judicial review?

You can self-represent, but Federal Court procedures are technical and deadline-driven. Legal representation can materially reduce risk.

What makes a case stronger for judicial review?

A strong judicial review case begins with a complete and well-organized record that addresses the applicable legal and evidentiary requirements. Where the record is solid, the Court can more clearly assess whether the decision-maker engaged with the evidence and applied the law correctly.

Cases are strengthened where the decision shows reviewable errors, such as procedural unfairness, unreasonable factual conclusions, ignored or misunderstood evidence, or the application of an incorrect legal test. Judicial review focuses on how the decision was made in light of the record—not on improving the underlying application.

How long does judicial review take?

Timelines vary by case, but judicial review is rarely fast.

Some matters resolve early through settlement, often after filing or during the leave stage. In those cases, timelines can be shorter.

If the matter proceeds without settlement through leave, record preparation, and a full judicial review hearing, it is common for the process to take one year or longer from filing to final resolution, depending on Court scheduling and case complexity.

Can I apply again while judicial review is in progress?

Sometimes. A re-application can be strategically useful, but it must be handled carefully. We assess this case-by-case before recommending a re-application.

If I win, does the Court approve my visa/PR?

In most cases, no. If the application is allowed, the Court sets aside the decision and sends it back for reconsideration by a different decision-maker.

The outcome of the reconsideration is not guaranteed.

What is “leave” and why does it matter?

Leave is the Court’s permission to proceed. If leave is refused, the judicial review ends.

What are the deadlines to start judicial review?

In many cases, it’s 15 days (in Canada) or 60 days (outside Canada) from notice/awareness of the decision. Deadlines are strict.

Can I submit new documents in judicial review?

Usually no. The Court typically reviews the decision based on the record that was before the officer/tribunal.

Is judicial review the same as an appeal?

No. Judicial review looks for legal/procedural errors and reasonableness. An appeal (where available) usually re-examines the decision more broadly.

Shekarian Law PC is a professional corporation licensed by the Law Society of Ontario. We provide strategic legal counsel to founders, investors, and companies building, expanding, and operating in Canada, including cross-border and regulatory matters.