If your immigration application has been refused, you may have options to challenge the decision. Depending on your circumstances, this may involve an appeal to the Immigration Appeal Division (IAD) or a judicial review before the Federal Court of Canada.

An appeal allows a decision-maker to reconsider the facts of your case and determine whether a different outcome should be reached. In some cases, new evidence may be presented, and the tribunal has the authority to overturn the original decision.

Appeals may be available for certain sponsorship refusals, residency obligation determinations, and removal orders.

A judicial review is a legal challenge to a decision made by Immigration, Refugees and Citizenship Canada (IRCC) or another government body. Unlike an appeal, the Federal Court does not decide whether your application should have been approved. Instead, the Court examines whether the decision was reasonable, fair, and made in accordance with the law.

If the Court finds that the officer made a reviewable error, the refusal may be set aside and returned for reconsideration by a different decision-maker.

Key distinction: An appeal asks, “Should a different decision have been made?” A judicial review asks, “Did the officer follow the law and act reasonably?”

Determining whether an appeal, judicial review, reconsideration request, or a new application is the best option depends on the specific facts of your case. Obtaining legal advice quickly is important, as strict deadlines often apply.

Federal Court Judicial Review applies to:

• Visitor visa refusals
• Study permit refusals
• Work permit refusals
• Spousal sponsorship refusals
• Express Entry refusals
• Humanitarian and compassionate applications
• PR card renewal refusals
• Citizenship refusals
• Most other IRCC decisions

Immigration Appeal Division (IAD) applies to:

• Certain deportation/removal orders
• Specific cases under the Immigration and Refugee Protection Act

The appropriate remedy depends on your specific situation. We assess which forum is right for your case and pursue the path most likely to succeed.

📅 Judicial Review Deadlines:

• In-Canada decisions: 15 days from the date of the decision
• Overseas decisions: 60 days from the date of the decision

Not every refusal warrants a judicial review.

• Boilerplate language: The refusal letter uses generic language without addressing your specific circumstances
• Ignored evidence: The officer ignored key documents or evidence you submitted
• Unreasonable findings: The officer’s conclusions don’t follow logically from the evidence
• Legal error: The officer misapplied the law or used the wrong legal test
• Procedural unfairness: You were not given a fair opportunity to respond to concerns
• Factual errors: The refusal is based on incorrect facts

Conversely, you should NOT pursue judicial review if the refusal is based on a genuine weakness in your application (weak home ties, insufficient funds, etc.). In those cases, re-applying with strengthened documentation is more effective.

Your lawyer files a Notice of Application in the Federal Court, setting out the grounds for challenging the decision. This must be filed within the deadline.

IRCC’s lawyers file an affidavit and factum (written argument) defending the original decision. This is the Crown’s formal response.

You file your own affidavit (sworn statement) and factum (written argument) explaining why the decision was unreasonable and citing relevant case law.

If the court grants leave to proceed, your judicial review advances to the substantive hearing stage. The Federal Court will typically schedule an oral hearing at which your arguments will be heard and the reasonableness of the officer’s decision will be comprehensively reviewed.

The judge issues a written decision. If the court finds the decision unreasonable, it quashes the refusal and sends the matter back to IRCC for reconsideration by a different officer.

We review your refusal letter to assess: (1) Are we within the deadline? (2) Are there reasonable grounds for judicial review? (3) Is your case winnable? We give you an honest assessment within 24-48 hours.

We analyze the refusal letter in detail: What legal test did the officer apply? What evidence did they consider (or ignore)? Are there errors in reasoning? We research relevant case law and assess your likelihood of success.

We prepare and file the Notice of Application (which must be filed within the deadline). We also prepare your affidavit — a sworn statement that explains your case and addresses the officer’s concerns. This is critical: your affidavit is your opportunity to respond and provide evidence.

We prepare a detailed written argument (factum) explaining why the officer’s decision was unreasonable. We cite relevant case law, analyze the evidence, and make compelling legal arguments.

Once a lawyer from the Department of Justice files their response, we analyze it and if necessary, prepare a reply factum addressing their arguments. We remain focused on the specific weaknesses in their defense.

If there’s an oral hearing, we present arguments before the judge. We monitor the court’s decision closely. If successful, the decision is quashed and your matter is sent back to IRCC. If unsuccessful, we assess your options going forward.