Judicial review of a visa refusal at the Federal Court follows a streamlined track in 2026 when the refusal is of a visitor visa (TRV), study permit or work permit. You still need leave from the Court, and you still file within 15 days (refusal in Canada) or 60 days (refusal outside Canada). But written argument is capped at 20 pages, the hearing defaults to 45 minutes instead of 90, and if both sides have lawyers they can ask for a decision on the papers with no hearing.
This article covers only what is different for temporary resident refusals. It is based on the Federal Court’s Consolidated Practice Guidelines for Citizenship, Immigration and Refugee Protection Proceedings (amended August 12, 2026), the Court’s Special Orders and the Immigration and Refugee Protection Act (IRPA). Comments from the CILA 2026 conference are identified as speaker views. For how judicial review works in general, see our hub on challenging an immigration refusal at the Federal Court.
Key Takeaways
- The deadline has not changed: 15 days for a matter arising in Canada, 60 days for one arising outside Canada (IRPA s.72(2)(b)).
- Since September 2, 2025, judicial reviews of study permit, work permit and TRV decisions have a default maximum hearing time of 45 minutes (Guidelines para. 64).
- Submissions on these files are limited to 20 pages under a Special Order of June 20, 2025 (Guidelines para. 65).
- Leave and merits are not decided together at present. The 2024 study permit pilot that combined them was paused on June 30, 2025 (Guidelines para. 63).
- A Special Order of August 12, 2026 automatically gives applicants 90 extra days to file their Applicant’s Record.
Is there a special Federal Court procedure for visa refusals in 2026?
Yes. Under paragraphs 63 to 66 of the Federal Court’s immigration Practice Guidelines, judicial reviews of TRV, study permit and work permit decisions get a shorter default hearing (45 minutes) and a 20-page cap on written submissions. It is still the ordinary two-stage process under IRPA s.72: leave first, then a hearing if leave is granted.
The Federal Courts Citizenship, Immigration and Refugee Protection Rules (FCCIRPR) apply as they do to any immigration file. What changed is how much paper and court time a temporary resident case gets. The reason is volume: in a June 26, 2026 notice the Court said new immigration proceedings may exceed 30,000 files in 2026, nearly five times the pre-pandemic average.
How long do you have to file judicial review of a visa refusal?
You must serve and file the Application for Leave and for Judicial Review within 15 days if the matter arose in Canada, or 60 days if it arose outside Canada, counted from the day you were notified of or became aware of the refusal (IRPA s.72(2)(b)). A judge may extend time only for special reasons (s.72(2)(c)).
A TRV or study permit refused by a visa office while you are abroad is usually a 60-day matter. A study permit extension or work permit refused while you are in Canada is usually a 15-day matter. Paragraph 5 of the Guidelines asks you to state in the application which one applies. If in doubt, work to 15 days.
Two things do not stop the clock:
- Asking IRCC to reconsider. CILA 2026 panelist Warda Shazadi Meighen noted that reconsideration is discretionary and does not preserve the judicial review deadline. You can file in Court and ask for reconsideration in parallel.
- Waiting for GCMS notes. See our guide on GCMS notes after a visa refusal. The Rules have their own way to obtain reasons (FCCIRPR rule 9), and the time to perfect your application then runs from when you receive them (rule 10(1)(b)).
What is the 20-page limit for study permit and work permit judicial reviews?
A Special Order of Chief Justice Crampton dated June 20, 2025 limits submissions in judicial reviews of study permit, work permit and TRV decisions to 20 pages. The general limit for a memorandum of fact and law under rule 70(4) of the Federal Courts Rules is 30 pages.
Twenty pages is usually enough, because the issues in these files tend to be narrow: an officer who ignored evidence of ties to home, misread a bank statement, or gave reasons that do not engage with the study plan that was filed. It does mean choosing your best two or three grounds.
The limit does not change what evidence the Court looks at. Judicial review is generally decided on the record that was before the officer. Our article on new evidence on judicial review explains the narrow exceptions.
How long is the Federal Court hearing for a TRV or study permit refusal?
Since September 2, 2025, the default maximum hearing time for these files is 45 minutes, compared with 90 minutes for most other immigration judicial reviews (Guidelines paras. 40 and 64). The judge can set a shorter or longer hearing in the order granting leave.
To ask for more time (para. 66):
- Before leave: a cover note with the Applicant’s Record or the respondent’s memorandum. The Court may allow more than 45 minutes “for special reasons”.
- After leave, 30 extra minutes or less: an informal written request, or an oral request at the start of the hearing, saying whether the other side consents.
- After leave, more than 30 extra minutes: a formal motion under Part 7 of the Federal Courts Rules.
Under IRPA s.74(b), the hearing is held no sooner than 30 days and no later than 90 days after leave is granted, unless the parties agree to an earlier date.
Can a visa refusal judicial review be decided without a hearing?
Yes, if both sides agree and qualify. Since September 2, 2025, paragraphs 68 to 72 of the Guidelines allow any immigration judicial review to be decided on written submissions alone. All parties must be represented by a lawyer, all must consent, all documents must be available electronically, and neither side may propose a certified question.
The parties file a joint letter through the E-Filing portal (“IMM – Request for Determination in Writing”) no later than 10 days after the Certified Tribunal Record is filed. The applicant gets a chance to reply to the respondent’s further memorandum (para. 72).
This suits a straightforward refusal where the argument is already fully in writing. It may not suit a case that needs oral argument, or one where you want to keep an appeal open by proposing a certified question (IRPA s.74(d)). Self-represented applicants cannot use it.
Are leave and the hearing combined for temporary resident refusals?
No, not at present. In September 2024 the Court launched a study permit pilot that decided leave and the merits together, with no hearing and a target of about five months. Paragraph 63 of the Guidelines says the pilot was paused on June 30, 2025 and the Court is assessing whether to extend, expand or end it.
If you read material promising a five-month, no-hearing process for study permit refusals, it describes the paused pilot. Today these cases follow the normal steps: leave application, Applicant’s Record, respondent’s memorandum, leave decision, then the tribunal record, further memoranda and a hearing or paper decision.
How long does the whole process take in 2026?
No one can give a fixed number. The Court’s June 26, 2026 notice says new files can take up to eight weeks just to be processed by the Registry. The streamlined rules shorten the hearing, not the wait for leave.
Two timing rules are fixed:
- Applicant’s Record. FCCIRPR rule 10(1) allows 30 days. The August 12, 2026 Special Order adds 90 days automatically, for a total of 120. The Court still expects records within 30 days where possible, and further extensions need a formal motion showing extraordinary or unforeseeable circumstances.
- Hearing. If leave is granted, 30 to 90 days later (IRPA s.74(b)).
A successful judicial review usually sends the file back to a different officer; it does not issue the permit. For a student with a program start date, that is why some applicants reapply with a stronger file while the Court case runs.
What does a visa refusal judicial review cost?
The filing fee for an application for leave is $50 (FCCIRPR rule 23). No costs are awarded either way unless the Court finds “special reasons” (rule 22), so a losing applicant usually does not pay the government’s legal costs, and a winner usually does not recover theirs. Ms. Meighen’s slides note that success alone is not a special reason.
The streamlined track saves effort mainly after leave: a shorter memorandum and hearing, or no hearing. The leave stage still needs an affidavit, the decision and reasons, and a memorandum of argument. Another CILA 2026 speaker, Mario Bellissimo, proposed placing temporary residence challenges without demonstrated urgency in a “standard” queue. That is his proposal, not Court policy.
Frequently Asked Questions
Can I take a visitor visa refusal to Federal Court?
Yes. A TRV refusal is a decision under IRPA, so you can apply for leave and judicial review under s.72, within 60 days if it arose outside Canada or 15 days if it arose in Canada.
Will the Federal Court give me the study permit if I win?
Usually not. The normal remedy is to set aside the refusal and send the application to a different officer for a new decision.
Is the Federal Court study permit pilot project still running?
No. It was paused on June 30, 2025. Leave and merits are decided separately, though the hearing is shorter and a paper-only decision is available if both sides have lawyers and consent.
Do I have to attend a hearing for a work permit refusal judicial review?
Not necessarily. The hearing defaults to a maximum of 45 minutes, and if both parties are represented and agree, the case can be decided in writing.
Should I reapply or seek judicial review after a refusal?
If the officer had good evidence and mishandled it, judicial review may fit. If your file was thin, a stronger new application is often faster. Sometimes both make sense.
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Disclaimer: This article is for general information only and is not legal advice. Immigration law and IRCC/ESDC policy change frequently, and every case turns on its own facts. Reading this article does not create a lawyer–client relationship. Obtain advice tailored to your situation before you act.
Talk to a Canadian immigration lawyer. BridgePoint Law advises individuals and businesses across Canada — and on Canada–US–China cross-border matters — on visa refusals and Federal Court judicial review. Book a consultation with our team in Toronto and Kingston. We work in English, Mandarin, and Cantonese.