Judicial Review in Canadian Immigration: When and How to Apply

 

A Complete Guide by New Jain Immigration

Canadian immigration decisions can have a life-changing impact. When an application is refused unfairly or due to an error, judicial review in Canadian immigrationv becomes a powerful legal remedy. Unlike an appeal, judicial review allows the Federal Court of Canada to examine whether an immigration decision made by IRCC was lawful, reasonable, and procedurally fair.

At New Jain Immigration, we regularly assist clients with immigration judicial review in Canada, helping them challenge incorrect IRCC decisions and protect their future in Canada.

What Is Judicial Review in Canadian Immigration?

Judicial review immigration Canada is a legal process where the Federal Court judicial review Canada examines an IRCC decision to determine whether the officer made:

  • An error of law
  • An unreasonable decision
  • A procedural fairness violation

A judicial review IRCC decision does not replace the decision with a new one. Instead, if successful, the court sends the application back to IRCC for reconsideration by a different officer.

When Should You Apply for Judicial Review?

You should consider applying for judicial review Canada immigration when:

  • Your visa, PR, or permit application is refused without proper reasoning
  • IRCC ignored key evidence
  • There was a lack of procedural fairness
  • The decision was unreasonable or legally incorrect

Common Refusal Scenarios

Time limit for judicial review Canada immigration

  • 15 days if refusal was issued inside Canada
  • 60 days if refusal was issued outside Canada

Missing this deadline can permanently end your legal options.

Judicial Review vs Appeal: What’s the Difference?

Many applicants confuse judicial review vs appeal Canada immigration.

Appeal

Judicial Review

Re-examines facts

Reviews legality & fairness

Limited categories

Available for most IRCC decisions

Tribunal-based

Federal Court process

For most refusals, immigration appeal vs judicial review means judicial review is the only option available.

How to Apply for Judicial Review in Canada

Step 1: File Leave for Judicial Review

The process begins with a leave for judicial review Canada application to the Federal Court.

Step 2: Federal Court Leave Application

Your Federal Court leave application immigration must clearly show:

  • Grounds for judicial review Canada immigration
  • Errors of law or procedure
  • Evidence of unfairness or unreasonableness

Step 3: Judicial Review Hearing

If leave is granted, the case proceeds to a hearing before a Federal Court judge.

This entire Canada immigration judicial review process requires strong legal drafting and court experience.

Grounds for Judicial Review in Immigration Cases

Common legal grounds include:

  • Procedural fairness IRCC judicial review
  • Error of law IRCC decision
  • Unreasonable decision judicial review Canada
  • Failure to assess evidence
  • Bias or inadequate reasoning

These principles fall under administrative law immigration Canada, which governs how government decisions must be made.

Judicial Review Timeline, Cost & Success Rate

Judicial Review Timeline Canada Immigration

  • Leave stage: 3–6 months
  • If granted, full review: 6–12 months

Cost of Judicial Review Canada Immigration

Costs vary depending on complexity, court filings, and legal representation.

📊 Chances of Success Judicial Review Canada

Success depends on:

  • Strength of legal errors
  • Quality of written arguments
  • Experience of your judicial review immigration lawyer Canada

Is Judicial Review Worth It?

Many clients ask: Is judicial review worth it Canada?

Judicial review is worth pursuing when:

  • The refusal is clearly unfair or unreasonable
  • There is no right of appeal
  • Your future in Canada depends on the outcome

It can result in IRCC being ordered to reassess your case properly.

Can IRCC Decisions Be Challenged?

Yes. Can IRCC decisions be challenged?
Judicial review is the primary way to challenge:

  • Visa refusals
  • PR refusals
  • Sponsorship refusals

This is a key part of IRCC refusal legal remedies and immigration litigation Canada.

Why Choose New Jain Immigration?

New Jain Immigration, we provide:

  • Strategic assessment of judicial review application Canada
  • Support from experienced Federal Court immigration lawyer partners
  • End-to-end assistance for immigration judicial review Canada
  • Professional legal help for IRCC refusal

Whether you need guidance on how to apply for judicial review Canada or want to understand how to file judicial review against IRCC, our team is here to help.

Speak to a Judicial Review Professional Today

If your application has been refused, time is critical.
Consult New Jain Immigration for trusted guidance on Federal Court immigration review and Canada immigration judicial review process.

Contact us today to discuss your options and protect your Canadian immigration future.

 



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