A refused immigration application is not always the end of the road. Judicial review at the Federal Court of Canada is available for many types of immigration refusals. This article explains when judicial review is appropriate and what the process involves.
What Is Judicial Review?
Judicial review is a court process where a judge reviews whether an immigration decision was made correctly — not whether you agree with the outcome. The court does not substitute its own decision; instead, it assesses whether the decision-maker (an immigration officer or board member) followed the law, considered the relevant evidence, and reached a reasonable conclusion.
When Can You Apply for Judicial Review?
You may be able to apply for judicial review of:
- Refused permanent residence applications
- Refused refugee claims (Refugee Protection Division or Refugee Appeal Division decisions)
- Refused spousal or family sponsorship applications
- Refused work permit or study permit applications
- Removal orders
- Inadmissibility decisions
The 15-Day Deadline
This is critical: you have only 15 days from the date you receive a decision made inside Canada (or 60 days for decisions made outside Canada) to file an application for leave and judicial review at the Federal Court. Missing this deadline almost always means losing your right to challenge the decision.
Leave Requirement
Before a full judicial review hearing, you must obtain “leave” — permission from the Federal Court to proceed. The court reviews your application and supporting materials to assess whether there is an arguable issue. Leave is not automatic.
Working With a Lawyer
Judicial review is a formal legal process. Identifying arguable grounds for review, meeting the strict deadline, and preparing the application require legal expertise. If your immigration application has been refused, contact us immediately to discuss whether judicial review is available and appropriate in your case.
Reviewed by: Mayank Verma on February 18, 2026
This article is for general informational purposes only and does not constitute legal advice.
