Immigration Judicial Review Lawyer · Toronto

Who this is for

Judicial review is for people who believe an IRCC decision on their file was unreasonable or unfair. It applies to most immigration decisions: study permits, work permits, visitor visas, permanent residence, H&C, misrepresentation findings and refusals to reconsider. An application can also ask the Court to order IRCC to decide a file it has unreasonably delayed, an order called mandamus (Federal Courts Act s. 18.1).

If the law gives you an appeal, you must use it first (IRPA s. 72(2)(a)). For example, the sponsor of a refused family class application can usually appeal to the Immigration Appeal Division (IRPA s. 63).

The deadline comes first

An application for leave and for judicial review must be served and filed within 15 days if the matter arose in Canada, and within 60 days if it arose outside Canada. The clock starts on the day you are notified of the decision or otherwise become aware of it. A judge can extend the time only for special reasons (IRPA s. 72).

A work permit extension refused while you are in Canada is a typical matter arising in Canada. A visitor visa refused by a visa office abroad is a typical matter arising outside Canada. When the category is unclear, we work to the shorter deadline. Asking IRCC to reconsider does not pause the clock.

How the case moves

Judicial review has two stages.

• Leave: we file the application for leave, then the applicant's record, which contains your affidavit and our written argument. The Department of Justice, acting for the Minister, responds, and we can reply. A judge then decides on the written file whether the case should go to a hearing. A refusal of leave cannot be appealed.

• Hearing: if leave is granted, the hearing takes place 30 to 90 days after the leave order, unless both sides agree to an earlier date (IRPA s. 74). If a lawyer represents you, you do not have to attend.

Reasons matter from the first day. Even if you received an officer decision note, IRCC tells applicants to state in the leave application that they have not received the reasons. That lets the Court request the complete reasons under rule 9 and shows whether anything was removed from the note (IRCC: officer decision notes).

Expect the process to take many months. The Federal Court reported record immigration filings and a historic backlog in 2026, and it has extended the time to file the applicant's record by special order.

What the Court asks: reasonableness and fairness

The judge does not decide whether you should get what you applied for, only whether IRCC's decision was lawful. Since the Supreme Court of Canada's decision in Vavilov (2019 SCC 65), the default standard is reasonableness. A reasonable decision rests on a logical chain of reasoning and makes sense in light of the law and the facts. The Court must accept a reasonable decision even if a judge would have decided differently.

Fairness is a separate question: whether you knew the case you had to meet and had a real chance to answer it. A refusal based on a concern never put to you, or on outside information you never saw, is a common example.

Errors we look for include:

• reasons that ignore central evidence, such as ties, funds or employment history (see our article on refusals based on instability at home);

• requirements the law does not contain, such as treating a website checklist as law (see our article on an Express Entry rejection);

• conclusions that rest on assumptions about the applicant rather than on the evidence (see our article on a study permit refusal);

• a doubt about credibility presented as a lack of evidence.

What the Court can and cannot do

If you succeed, the Court usually sets the decision aside and sends the file back for a new decision, normally by a different officer. The new officer can approve or refuse. The Court rarely replaces the officer's decision with its own. It generally reviews the record the officer had, so judicial review is not the place for new documents.

Filing does not give you status in Canada, and in most cases it does not delay a removal. An automatic stay applies only to certain refugee appeal decisions (IRPR s. 231). If removal is scheduled, a separate urgent motion may be needed.

Further appeals are narrow. An appeal to the Federal Court of Appeal is possible only if the judge certifies a serious question of general importance (IRPA s. 74(d)).

Settlement and reconsideration along the way

Some cases end without a hearing. The Department of Justice may agree to send the file back for redetermination in exchange for ending the court case. Once leave is granted, the Court's practice guidelines require both sides to consider settlement within 15 days. IRCC can also reopen a decision while the court case is pending. A settlement is not an approval, but it gives you a new decision without waiting for a judgment.

Costs and fees

In immigration judicial reviews, no costs are awarded to or against any party unless the Court finds special reasons (rule 22). That limits the financial risk of losing. Our fee is a flat fee agreed in writing before we file. You can pay it in full or in two instalments. It is held in trust and earned at milestones set out in our written fee agreement. Court filing fees and government fees are separate, and HST applies to Canadian residents.

How we work with you

In Federal Court, you can act for yourself or be represented by a lawyer (Federal Courts Rules, rule 119). With us, you work directly with our lawyer, Ahmet Faruk Ocak, in English or Turkish. We start with an online consultation, followed by a secure online intake, a shared document folder and a checklist built for your case. We communicate by email, so every deadline and instruction is on record.

If we think a case is weak, we say so before anything is filed. We then explain whether a reconsideration request or a stronger new application makes more sense, or whether no route is realistic for now.

What happens next

Send us the refusal letter, the date you received it and the application as submitted. Book a consultation at cal.com/blacksyimmigration and note the refusal date in your booking. With a 15-day deadline, days matter.

Frequently asked questions

What is the deadline to apply for judicial review of an IRCC decision?

15 days if the matter arose in Canada and 60 days if it arose outside Canada, counted from the day you were notified of or otherwise became aware of the decision (IRPA s. 72(2)(b)). A judge can extend the time only for special reasons. A request for reconsideration does not pause the clock, so contact us as soon as the refusal arrives.

Can the Federal Court approve my application?

Almost never. If you succeed, the Court normally sets the decision aside and sends the file back to IRCC for a new decision, usually by a different officer. The new officer can approve or refuse. The Court rarely substitutes its own outcome, and it generally does not consider evidence the officer did not have.

How long does judicial review take?

It depends on the case and the Court's schedule. The Federal Court reported record immigration filings in 2026 and extended the time to file the applicant's record by special order, so the leave stage alone often takes several months. If leave is granted, the hearing must be held 30 to 90 days after the leave order, unless both sides agree to an earlier date.

Will I have to pay the government's legal costs if I lose?

Normally no. In immigration judicial reviews, no costs are awarded to or against any party unless the Court finds special reasons (rule 22 of the Federal Courts Citizenship, Immigration and Refugee Protection Rules). Your own costs are our flat fee, agreed in writing before we file, plus court filing fees and any government fees.

Can I stay in Canada while my judicial review is pending?

Filing for judicial review does not give you status in Canada and, in most cases, does not delay a removal. An automatic stay applies only to certain refugee appeal decisions. If removal is scheduled, a separate urgent motion for a stay may be needed. We check your status and any removal risk at the first consultation.