Performed by Ningjing (Natalie) Zhang, JD, member and coach of the Law Society of Ontario. The Federal Court of Canada is the only court with jurisdiction to review IRCC, CBSA, and IRB decisions — refusals of visas, work permits, study permits, citizenship, refugee claims, sponsorship, business immigration, and inadmissibility findings. We are active Federal Court counsel handling the full spectrum: Application for Leave and Judicial Review (ALJR), Urgent Motions for Stay of Removal, Mandamus, and post-decision strategy. Bilingual English / 中文 service across Toronto, Kingston, and all of Ontario.
What Is Federal Court Judicial Review in Immigration?
When IRCC, CBSA, or the Immigration and Refugee Board (IRB) refuses your application, the Federal Court of Canada is the only court empowered to review that decision. This is not an appeal — it is judicial review: the Court does not re-decide your application on the merits, but examines whether the decision was made reasonably and in compliance with procedural fairness, under Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65.
If your judicial review succeeds, the decision is set aside and the matter is sent back to IRCC or the IRB for re-determination by a different officer. Most successful reviews lead to favourable outcomes on re-determination — but the Court itself does not order IRCC to grant the application.
The Three Main Federal Court Applications We Handle
1. Application for Leave and Judicial Review (ALJR)
Two-step process: Leave (the Court reviews written materials and decides whether your case raises a “fairly arguable” issue); if leave is granted, oral hearing 6–9 months later where the Court decides whether to set aside the decision.
Filing deadline: 15 days from receipt of the decision (in-Canada applicants) or 60 days (outside Canada). Missing this deadline almost always ends the matter.
Typical retainer: $10,000–$25,000 + $400/hour + 13% HST.
2. Urgent Motion for Stay of Removal
When CBSA schedules you for removal and you have a pending application (PRRA, H&C, sponsorship, refugee claim), an emergency motion asks the Federal Court to stay the removal. The three-part Toth v. Canada (MEI) test: serious issue, irreparable harm, balance of convenience.
Sometimes filed and argued on same-day or 24-hour notice. We have handled urgent stays where the client was in detention and the flight was hours away.
Typical retainer: $8,000–$15,000 + $400/hour. Rush surcharge for under-72-hour notice.
3. Application for Mandamus
When IRCC has unreasonably delayed your application — sometimes years past published service standards — mandamus asks the Federal Court to order a decision. The Apotex Inc. v. Canada (AG), 1993 FCA test requires public duty, clear right, unreasonable delay, balance of convenience.
Most mandamus filings settle before hearing — IRCC typically expedites within 30–90 days of filing for cases 24+ months past service standard.
Typical retainer: $6,000–$12,000 + $400/hour.
The Vavilov Reasonableness Standard
Since the Supreme Court’s December 2019 Vavilov decision, Federal Court review applies a presumption of reasonableness. The Court asks whether the decision is:
- Justified — does the officer explain WHY the decision was made, connecting facts to legal framework?
- Transparent — can the applicant understand the path of reasoning from the record?
- Intelligible — is the analysis internally coherent and rational?
An IRCC refusal that recites the statutory standard but fails to engage with the applicant’s specific evidence is the most common Vavilov-defective decision — and a substantial share of our Federal Court wins.
Common Federal Court Scenarios We Handle
Commercial / Investor Immigration Refusals
Significant Benefit Worker Permit, LMIA-supported PR transitions, Entrepreneur Start-Up Visa refusals, Investor stream refusals, Self-Employed Persons Program refusals. High-value matters where IRCC’s economic analysis is often reviewable for failure to weigh established business activity, asset evidence, and corporate structure.
Criminal Inadmissibility Refusals (A36 IRPA)
See our Criminal Inadmissibility hub. Common reviewable errors: defective equivalency analysis (failed Hill v. Canada (MEI) three-step test); failure to consider rehabilitation evidence; treating refusal as automatic without proper A24(1) balancing on TRP applications.
Refugee Refusals — RAD and Refugee Protection Division (RPD)
Failed RPD claims can be appealed to RAD. RAD decisions are reviewable at Federal Court. Common issues: country conditions analysis errors; failure to apply Huruglica standard of review; new evidence under Singh; credibility assessment errors.
Spousal / Family Sponsorship Refusals
Reg. 4 “marriage of convenience” findings, H&C refusals, parent sponsorship refusals, spousal SOWP refusals. IAD handles many family-class refusals administratively; Federal Court reviews IAD decisions where the appeal failed or appeal rights are unavailable (A64-stripped sponsors).
Study Permit / Work Permit Refusals
The most volume-intensive Federal Court category. Officer credibility findings on “genuine student” or “purpose of stay” are reviewable for failure to consider applicant evidence; “dual intent” reasoning errors; pro forma refusals.
Citizenship Refusals
Residency requirement disputes, citizenship test waiver refusals, language assessment errors. Federal Court has jurisdiction over Citizenship Officer decisions.
Inadmissibility — Security (A34), Human Rights (A35), Misrepresentation (A40)
Higher-stakes inadmissibility findings often warrant Federal Court review on procedural fairness grounds — especially where the applicant was not given full opportunity to respond to adverse information.
The Leave + Oral Hearing Timeline
| Stage | Timeline | What Happens |
|---|---|---|
| Decision received | Day 0 | Refusal received; 15 or 60 day clock starts |
| Notice of Application filed | Day 1–15 / 1–60 | Filed at Federal Court Registry, served on Department of Justice |
| Tribunal Record received | Day 30–60 | IRCC/IRB provides certified record under Rule 17 |
| Applicant’s Memorandum | Day 60–90 | 30 pages of legal argument submitted |
| Respondent’s Memorandum | Day 90–120 | Department of Justice response |
| Applicant’s Reply | Day 120–135 | 10 pages of reply argument |
| Leave decision | Month 4–6 | Court decides on paper if there is a serious arguable issue |
| Oral hearing | Month 6–12 (if leave granted) | 2-hour hearing in Toronto, Ottawa, or videoconference |
| Reasons | Month 7–14 | Judgment with written reasons |
Where We Argue Federal Court Matters
Most Federal Court hearings for our clients are held at the Toronto Federal Court office (180 Queen Street West) or by videoconference (standard since the pandemic). Some hearings at the Ottawa Registry. Our Toronto office at 100 King Street West is a 5-minute walk from the Toronto Federal Court office — convenient for preparation and document drops.
联邦法院移民司法复审（中文）
加拿大联邦法院是唯一有管辖权审查 IRCC（移民局）、CBSA（边境局）和 IRB（移民难民局）决定的法院。签证、工签、学签、入籍、难民、配偶担保、商业移民、不可入境等被拒，联邦法院司法复审是法律救济的核心途径。
由 Natalie 律师（张宁静，安省律师协会注册律师及业务导师）亲自办理。
三大类申请：
- ALJR（司法复审） — 审查 IRCC/CBSA/IRB 决定。两步：先 leave（书面”合理可争议”标准），通过后 6-9 个月开庭。截止：境内 15 天，境外 60 天。错过几乎无救。Retainer $10,000-$25,000 + $400/小时 + HST
- Stay of Removal（紧急停止遣返动议） — Toth 三步测试。24 小时紧急办理。Retainer $8,000-$15,000
- Mandamus（强制履职令） — IRCC 拖延超 24 个月。Apotex 测试。30-90 天 IRCC 多主动加快。Retainer $6,000-$12,000
常见胜诉理由（Vavilov 合理性标准）：官员只罗列法律标准未具体回应申请人证据；程序公平瑕疵；equivalency 框架错误适用；难民案件 Huruglica 复审标准误用；商业移民业务证据未充分评估。
双语：中文文件 Natalie 律师直接审阅（中国法院判决书、《刑事处罚决定书》、银行流水、企业税表），无需第三方翻译。法庭书面 submission 用英文（联邦法院庭审标准语言）。
Fees & Retainer Structure
| Matter Type | Initial Retainer | Hourly Rate |
|---|---|---|
| ALJR — Study/Work Permit Refusal | $10,000 | $400 |
| ALJR — Spousal Sponsorship / H&C | $10,000–$15,000 | $400 |
| ALJR — Refugee Appeal (RAD or RPD) | $10,000–$15,000 | $400 |
| ALJR — Criminal Inadmissibility (A36) | $12,000–$20,000 | $400 |
| ALJR — Commercial / Investor / LMIA | $15,000–$25,000 | $400 |
| Urgent Stay of Removal Motion | $8,000–$15,000 | $400 + rush if <72hr |
| Mandamus Application | $6,000–$12,000 | $400 |
All fees plus 13% HST. Court filing fees (~$50) and registry charges additional. Initial consultation $400 + HST applied as credit. Unused retainer refunded at closing.
Frequently Asked Questions
How soon must I file at Federal Court after my refusal?
15 days if in Canada at the time of decision. 60 days if outside Canada. These deadlines are strict — the Federal Court rarely grants extensions. Contact us immediately upon refusal.
If the Federal Court rules in my favour, do I get the visa / status?
Not directly. The Court “sets aside” the decision and sends the matter back for re-determination by a different officer. Most successful reviews lead to favourable re-decisions but not automatic — the officer can re-refuse with a more careful analysis, requiring a second review.
What is the leave stage?
The first written stage. Court decides whether the case raises a “fairly arguable issue” worth a full hearing. ~25–35% of leave applications succeed. If denied, the matter ends. If granted, oral hearing 6–9 months later where ~50–60% succeed.
Can I represent myself at Federal Court?
Yes — but success rate is dramatically lower. Federal Court Rules require precise formatting, deadlines are strict, the Vavilov framework is technical, and Department of Justice counsel argue against you. Professional counsel strongly recommended for substantively strong cases.
I am facing imminent removal in 48 hours. What do I do?
Call (613) 417-1850 immediately. Urgent Stay of Removal motions can be filed and argued on same-day or 24-hour notice. We have handled stays where the client was at the airport.
Where are Federal Court hearings held?
Toronto Federal Court at 180 Queen Street West. Some at Ottawa Registry. Since 2020 most hearings are by videoconference unless a party requests in-person. Our Toronto office at 100 King Street West is a 5-minute walk from the Federal Court Toronto office.
How long does a typical Federal Court matter take?
Total: 6–14 months. Leave decision month 4–6. If granted, oral hearing month 6–12, judgment month 7–14. Stay of removal motions decided same-day or 1–7 days.
Does the Federal Court award costs against me if I lose?
Federal Court Rules generally do NOT award costs in immigration judicial reviews. The Department of Justice rarely seeks costs even when winning. Makes Federal Court affordable compared to civil litigation.
This page is for general information only and does not constitute legal advice. Federal Court immigration practice is highly fact-specific. Fees and timelines current as of May 2026 and subject to change. See also: Criminal Inadmissibility hub, Toronto Immigration Lawyer.