Receiving a negative immigration decision can feel like the end of the road — but in many cases, it is not. Canadian immigration law provides a mechanism to challenge unreasonable decisions through judicial review at the Federal Court of Canada. This guide explains when judicial review is available, how the process works, and what you need to know about deadlines, legal tests, and practical strategy.
What Is Judicial Review?
Judicial review is a legal process where the Federal Court examines whether an immigration decision-maker — such as an immigration officer, the Immigration and Refugee Board (IRB), or the Immigration Appeal Division (IAD) — made their decision lawfully and reasonably. The Court does not re-decide your case. Instead, it asks whether the original decision falls within the range of reasonable outcomes based on the evidence and the law.
Since the Supreme Court of Canada’s landmark decision in Canada (Minister of Citizenship and Immigration) v. Vavilov (2019), the standard of review for most immigration decisions is reasonableness. This means the Court looks at whether the decision-maker’s reasoning was transparent, intelligible, and justified in light of the relevant facts and legal constraints.
The 15-Day and 30-Day Deadlines
One of the most critical aspects of judicial review is the deadline to file. Under the Federal Courts Citizenship, Immigration and Refugee Protection Rules, you must file a leave application within 15 days if the decision was made inside Canada, or 30 days if the decision was made outside Canada. These deadlines are strict and missing them usually means losing your right to challenge the decision.
The clock starts running from the day you receive the decision — not the date the decision was made. Given how tight these timelines are, it is essential to contact a lawyer immediately after receiving a negative decision.
The Leave Requirement
Unlike most court proceedings, judicial review of immigration decisions requires leave — essentially, permission from a Federal Court judge to proceed. You must demonstrate that your case raises a reasonably arguable issue. The leave decision is made on the papers alone, without an oral hearing, and there is no appeal if leave is refused.
Approximately 15–20% of leave applications are granted. This means your written materials must be compelling. A well-drafted affidavit, a clear memorandum of argument, and a properly assembled record are essential.
Stay of Removal Motions
If you are facing removal from Canada while your judicial review is pending, you may need to bring a stay of removal motion. This is an urgent application asking the Court to temporarily halt your removal until the judicial review is decided. The test for a stay, established in Toth v. Minister of Employment and Immigration, requires you to show a serious question to be tried, irreparable harm if removed, and that the balance of convenience favours granting the stay.
What Happens If the Court Grants Judicial Review?
If the Federal Court finds that the original decision was unreasonable, it will typically set aside the decision and send the matter back for redetermination by a different decision-maker. The Court does not substitute its own decision — it orders a fresh review of your case.
When Should You Consider Judicial Review?
Judicial review may be appropriate when your application was refused for reasons that do not logically follow from the evidence, the decision-maker ignored important evidence you submitted, procedural fairness was not respected (for example, you were not given an opportunity to respond to concerns), or the decision-maker applied the wrong legal test.
Get Legal Advice Quickly
Because of the tight deadlines involved, time is of the essence. If you have received a negative immigration decision and believe it was wrong, contact BridgePoint Law immediately to discuss whether judicial review is the right option for your case.
