Judicial Review
Understand the Judicial Review process, eligibility, timelines,
and how to challenge unfair immigration or government decisions in Canada.
Table of Contents
What Is Judicial Review?
Judicial Review is a legal process where the Federal Court examines whether a government decision was made fairly, lawfully, and within the boundaries of administrative law.
It does not replace the original decision or re-decide your case. Instead, it focuses on whether the correct legal process was followed.
When Can You Seek Judicial Review?
You may seek Judicial Review if you believe:
The decision was procedurally unfair
The decision-maker misapplied the law or policy
Important evidence was ignored
The findings were unreasonable or based on incorrect facts
There was an abuse of discretion
Common examples include refusals of:
Immigration applications (work permits, study permits, permanent residence, sponsorships, etc.)
Refugee claims or humanitarian and compassionate applications
Other administrative decisions made by Canadian government agencies
Grounds for Judicial Review :
To succeed, you must demonstrate one or more legal errors, such as:
Procedural unfairness (e.g., not given a fair chance to respond)
Ignoring relevant evidence
Applying the wrong law or interpreting it incorrectly
Making an unreasonable or irrational decision
Deciding based on incorrect facts
The Judicial Review Process Explained :
Step 1: Case Assessment
Consult with an experienced immigration or administrative law lawyer to evaluate whether Judicial Review is appropriate.
Step 2: Filing for Leave
File an application for “leave” (permission) with the Federal Court, including detailed written legal arguments.
Step 3: Court Reviews Leave Application
The Court will decide if the case warrants a full hearing.
Step 4: Hearing (if Leave Granted)
If leave is granted, both sides present legal arguments before a Federal Court judge.
Step 5: Final Decision
The judge may order the original decision to be set aside and sent back for reconsideration. The court does not issue new decisions or approvals.
Apply for Judicial Review
Important Timelines and Considerations :
Time Limit to Apply:
You generally have 15 days (inside Canada) or 60 days (outside Canada) from the date of the decision to file for Judicial Review.Scope of Judicial Review:
The Court reviews the legality and fairness of the decision — it does not reweigh evidence or replace the decision with its own.Legal Representation Highly Recommended:
Due to the complexity of Judicial Reviews and strict procedural rules, legal representation is strongly advised.
Frequently Asked Questions
We understand that the process can be confusing and you may have many questions.
Below are some common FAQs that can help guide you.
No. The court can only order the government body to reconsider your application based on proper procedures.
No. Judicial Review is based only on the original record and decision. No new facts or evidence can be introduced.
On average, Judicial Review proceedings can take several months, depending on court scheduling and complexity.
Book Your Free 10-Minute Consultation Today — Fill Out the Form to Get Started!
Speak directly with a legal professional in a free 10-minute consultation. Get clarity on your situation and understand your options.