What judicial review is
Judicial review is not a new hearing. A Federal Court judge decides whether the decision-maker made a reviewable error: a decision that was unreasonable on the evidence, an error of law, or a breach of procedural fairness, such as not letting you respond to a concern. If the Court agrees, it usually sets the decision aside and sends the matter back to be decided again by a different officer or member. The Court does not itself grant status.
Common decisions taken to the Federal Court
- Refugee Appeal Division decisions, and RPD decisions where there is no RAD appeal
- Refused pre-removal risk assessments and humanitarian and compassionate applications
- Refused inland spousal sponsorships, which have no IAD appeal
- Visa, study permit and work permit refusals
- Immigration Appeal Division and Immigration Division decisions
- Refusals to defer removal
The process and the deadlines
- Application for leave and for judicial reviewFiled within 15 days of being notified of a decision made in Canada, or 60 days for a decision made outside Canada (IRPA section 72). The Court can extend time, but only for good reasons.
- Reasons and recordIf reasons were not provided, they are requested. The applicant then files a record with affidavit evidence and written arguments.
- Leave decisionA judge decides on paper whether the case raises an arguable issue. Many cases end here.
- HearingIf leave is granted, the case is heard and decided by the Court.
Stays of removal
Filing for judicial review does not, by itself, stop removal. Where removal is scheduled, counsel can bring an urgent motion for a stay. The Court applies a three-part test: is there a serious issue to be tried, would the person suffer irreparable harm if removed, and does the balance of convenience favour a stay? These motions are often prepared in days.
How we work with litigation counsel
Representation before the Federal Court is handled by litigation counsel we work with regularly. ATWORLD IMMIGRATION stays involved throughout:
- We spot the deadline the day a decision arrives and brief litigation counsel immediately.
- We assemble the record and evidence from our file and work with you on affidavits, in your language where needed.
- We keep you informed at every step, and we handle what follows a successful review, such as the redetermination or a new application.
Last reviewed November 2026. This page is general information, not legal advice. Immigration law and IRB procedure change often; we confirm the current rules for your file at your consultation.