Immigration Judicial Review Canada | Appeal IRCC Refusals in Federal Court
A refusal of your immigration application based on "unfair," "unreasonable," or "incorrect" grounds is not the end of the road. A Judicial Review (JR) is a specialized legal action filed in the Federal Court of Canada to directly challenge the legality of the officer's decision. Our goal in this process is to prove the officer's error, have the refusal "set aside," and compel IRCC to re-assess your file with a new officer.
When a federal government’s decision is unlawful, unreasonable, or procedurally unfair, judicial review is the mechanism to challenge it. Whether the decision affects your immigration status, business, professional standing, or legal rights, judicial review allows the Federal Court to examine how the decision was made—and whether it meets the standards required by law.
At Shekarian Law PC, we represent individuals and businesses in judicial review proceedings before the Federal Court of Canada. Our focus is clear: identify legal error, expose unfairness or unreasonableness, and hold decision-makers to account.
What Is Judicial Review?
Judicial review is a specialized public-law remedy. It is not an appeal, and it is not a second application.
The Court does not reconsider the merits of the decision or substitute its own outcome. Instead, it examines whether the decision-maker acted lawfully, fairly, and reasonably, based on the record before them.
The central question is whether the decision falls within a range of acceptable and defensible outcomes, having regard to the facts and the law.
When Judicial Review Is Appropriate
Judicial review may be worth considering when there are strong indications of a reviewable error, such as:
- Procedural fairness issues: you were not given a chance to respond to key concerns, credibility issues, or new allegations
- Unreasonable conclusions: the decision does not follow the evidence, or key evidence was ignored or misunderstood
- Misapplication of law or policy: the officer applied the wrong legal test or overlooked mandatory factors
- Inadequate reasons: the decision provides reasons that are unclear, contradictory, or unsupported
Judicial review is generally inappropriate where the core issue is missing documentation, weak evidence, or a strategy gap that can be addressed through a stronger re-application. We assess this candidly at the outset.
Urgent Situations: Stay of Removal
If you face removal from Canada, a separate urgent motion may be required to request a stay of removal while the judicial review proceeds. Stay motions are assessed under a separate legal test and require immediate preparation. If you have a removal date, treat it as an emergency.
Immigration & Administrative Decision-Making
Judicial review is frequently used to challenge decisions made by Immigration, Refugees and Citizenship Canada (IRCC) and related authorities, including refusals of visas, permits, permanent residence, and citizenship applications.
In immigration matters, judicial review is often the final meaningful remedy available. A successful challenge can result in the refusal being set aside and the application reconsidered by a different officer.
Our judicial review practice also extends beyond immigration to other federal administrative decisions affecting individuals and businesses.
The Two-Stage Judicial Review Process (Immigration)
Stage 1: Application for Leave (Permission)
Judicial review begins with an application for leave. Written submissions are filed explaining why the decision is legally flawed and why the case warrants the Court’s intervention. There is no oral hearing at this stage.
Most cases are decided here. If leave is granted, the matter proceeds. If leave is refused, the judicial review ends.
Stage 2: Judicial Review Hearing
If leave is granted, the case proceeds to a full hearing before a judge. Both parties deliver oral submissions, and the Court issues a written decision.
Possible Outcomes
If the Application Is Allowed:
The decision is set aside and returned to the decision-maker for reconsideration by a different officer or authority. The Court does not grant the underlying application, but it creates a genuine opportunity for a fair reassessment.
If the Application Is Dismissed:
The original decision remains in force.
Critical Filing Deadlines
Judicial review is subject to strict statutory deadlines:
- Decision made inside Canada: Application must be filed within 15 days
- Decision made outside Canada: Application must be filed within 60 days
These timelines are strictly enforced. Delay can permanently eliminate the right to challenge the decision.
How We Support Your Judicial Review
Our work typically includes:
- Merits screening: identifying whether judicial review is the right strategy vs. re-application
- Deadline triage: ensuring filing steps and service requirements are met on time
- Record and legal argument: preparing a focused Applicant’s Record and Memorandum
- Strategic positioning: highlighting reviewable errors (reasonableness/fairness) with persuasive case law support
- Settlement/consent discussions where appropriate (case-dependent)
- Hearing advocacy if leave is granted
Fees and Scoping
Judicial review work is deadline-driven and proceeds in defined procedural stages. For standard judicial review matters, we typically offer stage-based pricing as follows:
- $2,500 — Filing of the Application for Leave and for Judicial Review
- $2,500 — Preparation and perfection of the Applicant’s Record
- $2,500 — Judicial review hearing (if leave is granted)
- $1,500 — Post-decision assistance following a successful judicial review, including guidance and updates during reconsideration by the decision-maker
We actively pursue early resolution and settlement discussions at the earliest appropriate opportunity. Where a matter resolves before a particular procedural stage is reached, fees for that stage are not charged.
If a file involves additional complexity—such as an unusually large record, multiple decisions, credibility findings, urgent motions, parallel proceedings, or other complicating factors—we flag this during the initial assessment. In such cases, fees may be adjusted, and any changes are discussed and confirmed in advance.
Our objective is transparency and alignment. We scope judicial review matters carefully so clients understand what is included at each stage and only pay for work that is actually required.
Received a Refusal? Don’t Miss the Deadline.
Judicial review is time-sensitive. If your decision may be reviewable, we can help you act quickly, assess your options, and pursue the most effective strategy—whether that’s a Federal Court challenge or a stronger re-application.
Book a Consultation
Or request an urgent deadline review if you’re close to the filing window.
FAQ
No. Judicial review looks for legal/procedural errors and reasonableness. An appeal (where available) usually re-examines the decision more broadly.
Usually no. The Court typically reviews the decision based on the record that was before the officer/tribunal.
In many cases, it’s 15 days (in Canada) or 60 days (outside Canada) from notice/awareness of the decision. Deadlines are strict.
Leave is the Court’s permission to proceed. If leave is refused, the judicial review ends.
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.
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.
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.
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.
You can self-represent, but Federal Court procedures are technical and deadline-driven. Legal representation can materially reduce risk.
Confirm the decision date, gather your full submission package and reasons, and get legal advice quickly—because the filing window can be short.
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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.
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