If IRCC refuses an application, judicial review at the Federal Court of Canada is often the next step. It’s not an appeal in the usual sense — the court doesn’t reweigh the evidence or substitute its own decision. It looks at whether the officer’s decision was reasonable and fair.
Here’s a plain-language overview of what judicial review involves.
When you can apply
- 15 days from notification of a decision made inside Canada
- 60 days from notification of a decision made outside Canada
- Leave (permission) of the Federal Court is required before a full hearing
What the court looks at
The Federal Court reviews the record that was before the officer. The two main questions are whether the decision was reasonable (justified, transparent, and intelligible based on the facts and law) and whether the process was procedurally fair (the applicant had a fair chance to respond to concerns).
Typical outcomes
- Leave denied — the matter ends
- Leave granted and application dismissed — original decision stands
- Leave granted and application allowed — the matter is sent back to a different officer for redetermination
Is it worth pursuing?
Judicial review can be the right path when the officer ignored important evidence, misstated the law, or denied a meaningful chance to respond. It is less useful where the underlying application was simply weak. Many cases settle when IRCC agrees to reconsider rather than litigate.
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Lotusland Law 