Kaplan Law Office
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Immigration Law

Immigration Judicial Review

Immigration judicial review is a legal challenge to a Canadian immigration refusal, heard by the Federal Court of Canada. It must be filed within 15 days if the decision was made in Canada, or 60 days if made outside Canada.

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What Is Judicial Review?

Judicial review is not a new application — it is a legal challenge to a decision already made by an immigration officer, the Refugee Protection Division, or another decision-maker. The Federal Court examines whether that decision was reasonable and fair, not whether a different outcome would have been better.

The process happens in two stages:

Strict Filing Deadlines

Under the Federal Courts Act, an application for leave must be filed within 15 days if the decision was made in Canada, or 60 days if the decision was made outside Canada, from the day you were notified. These deadlines are rarely extended — the earlier you reach out, the more options remain available.

What happens if leave is granted?

The Court proceeds to a full judicial review hearing on the merits, examining whether the original decision was reasonable and procedurally fair.

Will judicial review get my application approved?

Not automatically. A successful judicial review sends the matter back to be decided again — correctly this time — rather than approving it outright.

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