Judicial review is a Federal Court process where a judge decides whether an immigration officer's decision was reasonable and procedurally fair. It's not a re-hearing - the Court can't grant your application, but if you win it sends the decision back to IRCC for a different officer to redecide. You generally have 15 days to file, or 60 days if the decision was made outside Canada.
What is Judicial Review - and the Legal Test
Judicial review is commenced by filing an Application for Leave and for Judicial Review - you must first get the Court's permission ("leave") before a full hearing. It's a two-step process: a paper-based leave stage, and - only if leave is granted - a judicial review hearing.
The Court does not substitute its own decision or grant your visa. It may set aside the decision and send it back for redetermination, or order a decision-maker to do something it unlawfully refused to do. Relief is available for a breach of procedural fairness, an error of law, or findings of fact made in a perverse or capricious way.
In plain terms, the judge asks two questions: was the decision reasonable, and was the process fair? If the answer to either is no, your matter goes back to IRCC for a fresh decision by a different officer.
The Deadline that Protects Everything Else
You must file the Application for Leave and for Judicial Review within:
- 15 days of being notified if the matter arose inside Canada, or
- 60 days if it arose outside Canada.
A judge may extend time for special reasons, but extensions are not guaranteed - so assume the short clock. Missing it can cost you the remedy entirely.
The Process - What to Expect
- File the Application for Leave within the 15/60-day deadline (often before the full officer's decision notes arrive).
- Obtain the officer's decision notes (ODN) and perfect the Applicant's Record - the legal argument and evidence.
- The Minister responds; written argument is exchanged.
- A judge decides leave on the paper record - many cases resolve here.
- If leave is granted, the hearing is held - oral argument before a judge.
- The decision: dismissed, or allowed → set aside and sent back to IRCC for a different officer.
Typical timeline: leave is usually decided within a few months; if granted, the hearing follows some months later.
Why Lerom Law
Lerom Law focuses on refused and complex Canadian immigration matters, including Federal Court judicial review and mandamus. Mrs. Lena Levtsun is a principal lawyer who assisted many clients with their compelx immigration cases. We give a candid read of whether judicial review is genuinely your best tool, and act quickly when a deadline is running.
Only a lawyer may represent you at the Federal Court. A member of a provincial law society (or you, self-represented) can appear; an immigration consultant (RCIC) cannot act for you at the Federal Court. For judicial review, that makes a lawyer essential.
Results and Reviews
Many judicial review applications are resolved before they ever reach a hearing. In a number of matters, the Minister - represented by the Department of Justice - agrees to set the refusal aside and return it to IRCC for redetermination, sometimes following settlement discussions, whether before or after the Applicant's Record is perfected.
Whether your case has a realistic path to that kind of resolution is something we assess candidly during your initial consultation - no guarantees, just an honest read.
Our clients describe their experience in their own words - see our Google reviews.
Every case is unique. Past results do not predict future outcomes.
What it Costs
A transparent, staged fee - you pay per stage as your matter moves forward, so you're never committing to the whole process up front:
Fees exclude government and Federal Court charges, translation, disbursements, and applicable tax.
If your matter is sent back for redetermination: the work involved depends on your circumstances and timeline - sometimes minimal, sometimes a full new documentation package. We scope and quote that stage separately, so you only pay for what your redetermination actually requires.
Exact scope is confirmed in your retainer agreement.
Is Judicial Review Right for You?
It may fit if: you were refused, you believe the officer ignored evidence, misread the law, or treated you unfairly, and you're still inside (or close to) the 15/60-day window.
It's usually not the answer if: the refusal was a fair call on weak evidence (reapplying with a stronger application may serve you better), or your matter has a tribunal appeal route instead (e.g., a sponsorship or removal-order appeal to the IAD).
If we don't think judicial review is in your interest, we'll tell you - and point you to the route that is.
Apply for Judicial Review of Your Refusal
Call us at +1-647-493-5205 or email us at info@leromlaw.com for additional information you need to begin the process.
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