If your immigration application has been refused or the reasoning behind the decision seems unfair, you might feel frustrated and uncertain about what comes next. While it’s natural to want to fight the outcome, it’s important to know that not all decisions can be appealed in the traditional sense. There is a legal mechanism in Canada that can help you challenge the process behind that decision—judicial review. This isn’t an appeal of the result itself, but a review of how the decision was made, if it was based on fairness, and if any injustice was made to your case.

Table of Contents

What Is Judicial Review?
- Judicial Review vs. Appeal: What’s the Difference?
When Can You Request Judicial Review?
- First Step: Leave Requirement
  - Key points about the leave process:
What Happens If You Win the Judicial Review?
Is Judicial Review Right for You?
Final Thoughts

What Is Judicial Review?

Judicial review allows the Federal Court of Canada to assess whether an immigration decision was made fairly, legally, and within the bounds of proper authority. It doesn’t mean the court re-evaluates your entire case; it ensures the decision-making process was reasonable and followed the law.

Judicial Review vs. Appeal: What’s the Difference?

There is an important difference between appeal and judicial review.

Appeal: A second look at the case’s merits; facts, evidence, and law are re-evaluated.
Judicial Review: Focuses on the decision-making process. Was it fair? Was it reasonable? Was it within legal authority?

When Can You Request Judicial Review?

Judicial review isn’t granted just because you disagree with the decision. You must show that the decision was flawed in a legally significant way. These flaws typically fall under one of the following categories:

Procedural Fairness: Were you given a fair opportunity to respond or present your case?
Legal Errors: Did the officer or tribunal misapply the law or misinterpret immigration rules?
Unreasonable Findings: Did the decision rely on conclusions unsupported by evidence?
Jurisdictional Overreach: Did the decision-maker act outside their legal authority?

These are more than just disagreements; you need to show that the decision was legally flawed.

First Step: Leave Requirement

In most immigration cases, you must first apply for leave, a legal term referring to obtaining permission from the Federal Court to proceed with a judicial review. This step filters out weak or unfounded cases and ensures only serious legal questions are addressed by the court.

Key points about the leave process:

You must show an arguable case, not just dissatisfaction with the result.
Deadlines are strict:
- 15 days to apply if the decision was made inside Canada
- 60 days if the decision was made outside Canada
The court reviews written submissions only; there’s no oral hearing at this stage.

What Happens If You Win the Judicial Review?

If the Federal Court agrees that the decision was flawed, it doesn’t approve your immigration application itself. Instead, it sends the matter back to be reconsidered, this time correctly and fairly.

If the Federal Court agrees that the decision was flawed:

The original decision is quashed (set aside).
Your case is sent back to a different officer or tribunal member for reconsideration, often with instructions on what to correct.

The court doesn’t make a new decision in your favor; rather ensures the next one is made properly.

Is Judicial Review Right for You?

Judicial review is not always the best or only option. But in cases where appeals are not available, or where a legal misstep occurred, it may be the only route left to pursue fairness and accountability.

Consider judicial review if:

You have no right of appeal: Many immigration refusals don’t come with appeal rights, making judicial review the only recourse.
Deadlines haven’t passed: This process is time-sensitive, and you need to act fast, so make sure you have time before taking action.
Your case involves complex legal issues: You may benefit from legal representation experienced in immigration and administrative law.

Final Thoughts

Judicial review plays a crucial role in protecting the rights of immigration applicants in Canada. It ensures that decisions affecting your life are made responsibly, transparently, and within the bounds of the law. If you feel your case was handled unfairly or unlawfully, don’t ignore it; there may be a legal remedy available.