A judicial review is a legal process by which the Federal Court of Canada reviews a refusal decision made by immigration authorities to determine whether that decision was fair, lawful, and reasonable. It is important to note that this is not an appeal. Judicial review does not re-assess the facts of your case or consider new evidence. Instead, it evaluates the process behind the decision to ensure that the immigration officer or tribunal followed the law, acted within their authority, and made a decision that was not unreasonable or procedurally unfair.
The goal is not to have the court approve your visa or application, but to determine whether you were treated fairly. If the process was flawed, the court may quash the decision and order Immigration, Refugees and Citizenship Canada (IRCC) or the tribunal to reconsider the case.
When to Seek Judicial Review
Judicial review is only available in situations where there is no statutory right to appeal. You must consider this option carefully and quickly, as timelines are strict and the process is legally technical.
Common cases that may require judicial review include:
– Visitor visa refusals
– Study permit refusals
– Work permit refusals
– Permanent residence refusals without appeal rights (e.g., H&C applications)
– Refusals of restoration of status
– Refused refugee protection claims (after Refugee Appeal Division, if applicable)
If your application type offers a right of appeal (such as family sponsorship refusals), then you must pursue that appeal process instead.
Who Can Apply and Time Limits
Only the person who received the refusal—or their legal counsel—can request a judicial review. Immigration decisions are considered final unless they are challenged within specific deadlines:
– 15 days for decisions made inside Canada
– 60 days for decisions made outside Canada
The timeline begins from the date you were officially notified of the refusal. Missing the deadline typically results in losing the right to challenge the decision, so immediate action is required.
How the Process Works
Judicial review is a two-stage process before the Federal Court:
1. Application for Leave: The applicant requests permission (leave) to proceed. This includes written legal arguments showing the decision was unfair or legally flawed.
2. Decision on Leave: If the court grants leave, the case moves to a hearing. If denied, the refusal stands.
3. Judicial Review Hearing: Both parties present legal arguments. The court does not grant the visa but may send the case back for reconsideration.
4. Federal Court Decision: If the decision is found reasonable, it stands. If flawed, the court quashes it and orders IRCC to re-assess the case.
Possible Outcomes
There are two potential outcomes to a judicial review:
1. Successful Judicial Review: The Federal Court finds the original decision was unreasonable or procedurally unfair. The case is sent back to IRCC for a new assessment.
2. Unsuccessful Judicial Review: The court upholds the original decision, and the refusal remains final.
Judicial reviews do not result in automatic approval of immigration applications. They only restore your chance to be fairly reconsidered.
How Hermes Immigration Services Can Help
At Hermes Immigration Services, we recognize how disheartening and confusing a visa or immigration refusal can be—especially when it seems unfair. Judicial review is a serious legal step, and our role is to help you understand whether it is a viable and worthwhile path for your situation.
We provide support by:
– Reviewing your refusal and helping you understand the reasons behind it
– Assessing your options, including whether a judicial review is available or appropriate
– Explaining deadlines and outlining the process clearly
– Referring you to trusted immigration lawyers for Federal Court matters
– Staying involved to assist with documentation and follow-up where applicable
Don’t Wait—Timing Is Everything
If you’ve received a refusal and believe the decision was unfair or incorrect, contact Hermes Immigration Services promptly. We’ll help you determine whether judicial review is an option and connect you with the legal expertise you need to act quickly and effectively.
