Immigration decisions can have life-altering consequences. When an application is refused, many applicants wonder what legal remedies exist. In some cases, a Federal Court application for judicial review is the only option available. This article explains when and why a person might consider going to Federal Court in the context of a Canadian immigration matter.

Not all decisions made by immigration officers, visa officers, or the Immigration and Refugee Board (IRB) are final in the sense of being legally unchallengeable. But they are not appealable in the traditional sense either. For example, if a visitor visa, study permit, work permit, or even a permanent residence application is refused, there is usually no right of appeal. Instead, the applicant may be able to seek a judicial review by the Federal Court of Canada.

Judicial review is not a new application. It is a legal process in which the court examines whether the decision-maker acted fairly, followed the proper legal principles, and made a reasonable decision based on the evidence. It is not an opportunity to submit new evidence or re-argue the entire case. Rather, it is a focused legal remedy that looks at how the decision was made.

There are two types of timelines depending on the type of decision. If the refusal was made outside of Canada (such as a visa office abroad), the deadline to apply for judicial review is 60 days. For decisions made inside Canada (such as an H&C refusal, PRRA refusal, or IRB decision), the deadline is only 15 days. Missing these deadlines usually means losing the opportunity to challenge the decision in court, but there are some exceptions, so get in touch as soon as possible.

Many people ask whether it’s worth going to Federal Court, especially when it involves legal fees and a complicated process. The answer depends on the reason for refusal and the strength of the legal argument. Sometimes an application to Federal Court is the only way to argue your case and protect your rights and interests. Common grounds for judicial review include failure to consider key evidence, unfair procedure, bias, or a decision that is simply not supported by the facts or law.

One important step in the process is applying for “leave”, which involves a detailed legal application in writing, and a full legal response from the Department of Justice. The court must first review the arguments and supporting materials to decide whether to hear the case. If leave is granted, then the matter proceeds to a full hearing before a Federal Court judge. If leave is denied, the case ends there. However, even the application for leave involves legal arguments and must be prepared carefully.

Federal Court is not a guarantee of success, and it does not have the power to grant a visa or immigration status. If the court agrees with the applicant, it will send the matter back to a different officer to be reconsidered—usually with a clear message that the original decision was flawed.

Because this is a legal process, professional legal representation is essential. It is not enough to simply be unhappy with the result. A court challenge needs to be grounded in legal errors, not just disagreement.

If you or someone you know has received a refusal and you believe it was unfair or unreasonable, it’s important to act quickly. The clock starts ticking the day the refusal is received. At Elliott Immigration Corporation, we help clients assess whether judicial review is a viable option and, if so, guide them through the process with a qualified immigration lawyer.

Contact us today for an honest assessment of your immigration refusal and your options under Canadian law.