What is Judicial Review and how does it work?

What Is Judicial Review and How Does It Work?

If IRCC refuses your application after a PFL, you have the right to apply for Judicial Review at the Federal Court of Canada. Judicial Review is a legal process where a Federal Court judge examines whether the immigration officer’s decision was reasonable and procedurally fair.

Important: Judicial Review is not a re-hearing of your application. The judge does not decide whether you should be approved or refused – the judge decides whether the officer’s decision was made correctly.

How Judicial Review Is Conducted — Step by Step

Step 1 — Apply for Leave

You must first apply for Leave (permission) from the Federal Court before your case can proceed to a full hearing. The deadlines are strict:

• 15 days from the date of refusal if you are inside Canada
• 60 days from the date of refusal if you are outside Canada

Missing these deadlines permanently bars you from pursuing Judicial Review for that decision. You must act immediately upon receiving a refusal.

Step 2 — File an Application for Leave and Judicial Review

Your lawyer will file an Application for Leave and Judicial Review with the Federal Court. This filing includes:

• A notice of application
• A certified tribunal record (the officer’s notes and all documents IRCC relied upon)
• Your lawyer’s written legal memorandum arguing why the decision was unreasonable

Step 3 — The Leave Decision

A Federal Court judge will review the written materials and decide whether to grant Leave. There is no oral hearing at this stage. it is decided on paper. Leave is granted if the judge finds there is a serious issue worth arguing.

Approximately 20–25% of Judicial Review applications are granted Leave. This is why the quality of your legal submissions matters enormously.

Step 4 — The Judicial Review Hearing

If Leave is granted, your case proceeds to a full Judicial Review hearing before a Federal Court judge. At the hearing:

• Your lawyer presents oral arguments on why the officer’s decision was unreasonable
• Government counsel (Department of Justice) argues the decision was reasonable
• The judge may ask questions of both sides
• Hearings typically last 1–3 hours

Step 5 — The Judge’s Decision

The judge will apply the standard of reasonableness asking whether the officer’s decision falls within a range of possible, acceptable outcomes defensible in law and fact. The judge will consider:

• Whether the officer properly assessed the evidence
• Whether procedural fairness was observed
• Whether the officer gave adequate reasons for their decision
• Whether the decision is consistent with IRCC guidelines and Canadian immigration law

Possible outcomes:

• Application dismissed — the court upholds the officer’s refusal
• Application allowed — the court sets aside the refusal and sends the matter back for redetermination by a different officer

A successful Judicial Review does not automatically grant your application it means a new officer must reconsider it. However, with the court’s guidance, redeterminations often result in a different outcome.

How Long Does Judicial Review Take?

Judicial Review at the Federal Court typically takes 8 to 18 months from filing to decision, depending on the complexity of the case and the court’s caseload. During this time, if you are in Canada with valid status, you may be eligible to maintain your status through an implied status application.

Key Takeaways

We at Livingstone law are well expericed and vast in presenting a solid case for Judicial Review and we will be more than happy to help you.

Book your Free 30min consultation today.

*This article is for general information only and is not legal advice. If you’ve been charged with impaired driving in Toronto or elsewhere in Ontario, consult a licensed criminal defence lawyer about your specific situation.*