Last reviewed: April 14, 2026 — by Natalie Ningjing Zhang, Principal Lawyer, BridgePoint Law Professional Corporation. This article is general information about Canadian immigration litigation, not legal advice for any particular case.
Quick answer
If Immigration, Refugees and Citizenship Canada (IRCC), the Canada Border Services Agency (CBSA), a visa officer abroad, or an Immigration and Refugee Board (IRB) tribunal has refused your application or made a decision against you, you generally cannot “appeal” that decision in the ordinary sense. What you usually can do is ask the Federal Court of Canada for judicial review. Judicial review is not a re-do of your file. It is a focused legal challenge to the way the decision was made — whether the officer or tribunal acted reasonably, fairly, and within their legal authority. Deadlines are short (15 days for decisions made inside Canada, 60 days for decisions made outside Canada), and the procedure is technical, so most applicants work with counsel.
What the Federal Court actually reviews
On a judicial review the Federal Court is not asking “would I have decided this differently?” It is asking whether the decision under review is reasonable (per the Supreme Court’s framework in Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65) and whether the process that led to it was procedurally fair. A reasonable decision is one that is internally coherent, justified by the evidence, and responsive to the central arguments the applicant raised. A procedurally fair process is one in which the applicant knew the case to meet, had a meaningful chance to respond, and was decided by an unbiased decision-maker.
Common grounds we see succeed include: an officer ignoring or misreading key evidence; reasons that fail to grapple with a central submission; reliance on extrinsic evidence the applicant was never shown; misapplication of the legal test (for example, the wrong dual-intent analysis on a study or work permit refusal); credibility findings made without confronting the applicant with the perceived contradictions; and failure to consider the best interests of a child in humanitarian and compassionate or removal-related decisions.
Deadlines you cannot miss
Under section 72(2)(b) of the Immigration and Refugee Protection Act (IRPA), an Application for Leave and for Judicial Review (ALJR) must be filed within 15 days of being notified of a decision made inside Canada, and within 60 days for a decision made outside Canada. The clock starts the day the decision is communicated to you (or your authorized representative), not the day you understand it. Extensions are possible but discretionary, and the Court will look for a reasonable explanation, a continuing intention to challenge the decision, no prejudice to the respondent, and an arguable case. Do not assume an extension will be granted — calendar the deadline the day the refusal arrives.
The two-stage process
Federal Court immigration JRs are a two-stage proceeding. Stage one is the leave application: you file the ALJR, then later a written record (your affidavit, the certified tribunal record, and a memorandum of argument). A judge decides on the papers whether your case raises a fairly arguable issue. Roughly one in five immigration leave applications is granted, though the rate varies sharply by decision type and by counsel. Stage two, if leave is granted, is the judicial review hearing itself — usually a half-day oral argument before a single Federal Court judge in Toronto, Vancouver, Montreal, Calgary, Ottawa, or wherever the Court sits closest to you. Most JRs are decided within nine to fifteen months of filing.
What happens if you win
Winning a judicial review almost never means the Court grants you the visa, status, or release you originally asked for. The usual remedy is that the decision is quashed and the matter is sent back to a different officer or panel for redetermination, often with directions or guidance from the Court. In rare cases the Court will direct a particular outcome (a “directed verdict”), but only where the evidence really only supports one answer. The redetermination is your second bite — and it is much stronger because the original reasons have been judicially criticized.
Costs and stays of removal
Federal Court filing fees for an ALJR are modest (currently $50 for the leave application). Counsel fees vary with complexity but a straightforward visa-refusal JR is typically a fixed-fee engagement; tribunal JRs (RAD, RPD, IAD, ID) and detention reviews are usually billed in stages. If you are facing imminent removal from Canada, you may also need to bring an urgent stay of removal motion — a separate, time-pressured application asking the Federal Court to halt your removal until the underlying JR is decided. Stay motions are decided on the tri-partite Toth test: serious issue, irreparable harm, and balance of convenience.
Decisions you can challenge at the Federal Court
Almost every adverse immigration decision is reviewable, including: visitor, study and work permit refusals; permanent residence refusals (Express Entry, PNP, sponsorship, H&C, self-employed, start-up visa); LMIA refusals (challenged by the employer); inadmissibility findings (misrepresentation, criminality, security, medical, financial); procedural fairness letters that result in a refusal; CBSA exclusion or removal orders; Refugee Protection Division and Refugee Appeal Division negative decisions; Immigration Appeal Division dismissals; Pre-Removal Risk Assessment refusals; Immigration Division detention orders; and decisions of the Minister’s delegate. Some of these (notably IAD and RAD) are themselves appeals from a first-instance refusal, so the JR is a third look.
When judicial review is the wrong tool
Judicial review is not always the best route. If you have new facts or new evidence that was not before the original decision-maker, a reconsideration request or a fresh application may move faster and cost less. If you are challenging a removal order issued by the ID, you may have a statutory appeal right to the IAD instead of (or in addition to) the Federal Court. If you are inside Canada with a sympathetic narrative but no legal error to point to, an H&C application under section 25 of IRPA may be more productive than litigation. Part of the value of an early consultation is figuring out which door to walk through first.
What to bring to your first consultation
To assess a Federal Court JR meaningfully we need: the refusal letter or tribunal decision in full; the GCMS or CBSA notes if you have them (we can order them under the Privacy Act if not); the original application package; any procedural fairness letter and your response; identity documents; and a short timeline of what happened. The earlier you book the consult after receiving the refusal, the more options remain on the table.
Why BridgePoint Law
BridgePoint Law is a Kingston, Ontario-based firm acting across Canada in Federal Court immigration litigation, IAD appeals, RAD appeals, ID detention reviews, and stay-of-removal motions. Principal lawyer Natalie Ningjing Zhang is a member of the Law Society of Ontario, the Canadian Bar Association, the OBA Citizenship and Immigration Section (East), and the Canadian Immigration Lawyers Association, and works in English, Mandarin, and Cantonese. We act for individuals, families, and Canadian employers, and we file in the Federal Court’s Toronto, Ottawa, Montreal, and Vancouver registries.
Next steps
If you have just received a refusal, do three things today: (1) save the refusal letter and the email or portal message that delivered it, (2) calendar the 15-day or 60-day filing deadline, and (3) book a consultation. We can usually give you a clear “arguable / not arguable” read in a single meeting, and if the case is arguable we will quote a fixed fee for the leave stage so you know exactly what you are committing to.
Call: +1 (613) 777-0992 | Email: info@bridgepointlaw.ca | More on our Immigration Litigation practice | Reported Cases
Frequently asked questions
Is judicial review the same as an appeal?
No. An appeal asks a higher body to re-decide the case on the merits. Judicial review asks the Federal Court to decide whether the original decision was reasonable and procedurally fair. The Federal Court does not retry the facts and does not usually substitute its own decision.
How long do I have to file?
Fifteen days from being notified of a decision made inside Canada, sixty days from being notified of a decision made outside Canada. The deadline runs from communication of the decision, not from when you understand it.
What are my chances?
Leave is granted in roughly 20% of immigration JRs overall, but the realistic rate for any individual case depends on the type of decision, the quality of the underlying record, and how the case is argued. We will give you an honest read at the consult before we ask you to commit.
If I win, do I get my visa?
Usually no. The usual remedy is that the refusal is quashed and the file is sent back to a different officer for a fresh decision, often with directions from the Court. The Court rarely orders the visa itself.
Can I file a judicial review without a lawyer?
Self-represented applicants do appear at the Federal Court, but the Federal Courts Citizenship, Immigration and Refugee Protection Rules and the leave-and-judicial-review structure are technical, and the deadlines are unforgiving. Most successful applicants are represented.
Can I be removed from Canada while my judicial review is pending?
Yes, unless you obtain a statutory stay or a court-ordered stay. Filing a JR does not by itself halt removal. If removal is imminent, ask counsel about a stay-of-removal motion at the same time as the JR.