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.
When Immigration, Refugees and Citizenship Canada refuses an application — a study permit, a visitor visa, a work permit, a sponsorship — the refusal can be challenged in the Federal Court of Canada by judicial review under s. 72 of the Immigration and Refugee Protection Act. Neil Kaplan brings these applications himself: he is switching his practice to immigration and runs Federal Court judicial reviews for refused applicants, in Manitoba and across Canada.
Under s. 72(1) of the IRPA, a judicial review of an immigration decision may only be brought with the leave (permission) of the Federal Court. The application is therefore filed in two stages in one: the Court first considers, on the written material, whether the case raises a serious question deserving a hearing. If leave is refused, the application ends. If leave is granted, the matter proceeds to a hearing before a judge.
Section 72(2) of the IRPA fixes the time to apply: 15 days after the decision is communicated, for a matter arising in Canada, and 60 days for a matter arising outside Canada — which covers most visa office refusals, including study permits refused abroad. These are the shortest deadlines in Neil’s practice, and they run from the refusal whether or not you have yet obtained the officer’s full notes. A refused applicant who wants the option of judicial review has to move first and analyze second.
A judicial review is not a new application and not an appeal on the merits. The case proceeds on the record that was before the decision-maker: the application as submitted, and the officer’s reasons and notes. The Court examines whether the decision was reached fairly and withstands scrutiny on that record — whether the officer applied the right test, considered the evidence actually submitted, and explained a conclusion that follows from it. Where the Court allows the application, the standard outcome under the Federal Courts framework is that the decision is set aside and the matter is sent back to be decided again by a different officer. The Court does not itself issue the visa or permit — what a successful applicant wins is a lawful reconsideration of the application the officer got wrong.
Because the review is decided on the record, the officer’s complete notes (the GCMS notes) matter: they show what the officer actually considered and the reasoning actually applied, which is frequently more revealing than the form refusal letter. Obtaining them early shapes the leave application — but it does not stop the s. 72 clock, which is why the application is protected first and perfected after. If your refusal has just arrived and you are still weighing a new application against court, our immigration refusals page sets out both routes side by side.
Section 72(2) of the Immigration and Refugee Protection Act allows 15 days after the decision is communicated for a matter arising in Canada, and 60 days for a matter arising outside Canada — which includes most study permit, work permit, and visitor visa refusals made at visa offices abroad.
Under s. 72(1) of the IRPA, you need the Federal Court’s permission — leave — before a judicial review of an immigration decision can proceed. The Court decides leave on the written material; if leave is granted, the case goes on to a hearing before a judge.
No. The Court does not issue visas or permits. A successful judicial review sets the refusal aside and returns the application to IRCC to be decided again, by a different officer, in accordance with the Court’s judgment.
Generally, no. The review is conducted on the record that was before the decision-maker — the application you submitted and the officer’s notes and reasons. That is why obtaining the officer’s GCMS notes is an early step: they show what the decision actually rests on.
Decisions under the Immigration and Refugee Protection Act — including refusals of study permits, work permits, visitor visas, and sponsorship applications — can be challenged with leave of the Federal Court under s. 72, within the 15/60-day limits the section sets.
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