Steps for Judicial Review of Denied Canadian Visa Applications

Filing a judicial review for a refused visa application in Canada is a legal process where you ask the Federal Court to review a decision made by an immigration officer or tribunal. Here’s a breakdown of the steps involved and the chances of success:

🔹 Steps to File a Judicial Review in Canada

➡️ 1. Obtain the Refusal Letter

• This is your starting point. The reasons for refusal will help determine whether a judicial review is appropriate.

➡️ 2. Consult an Immigration Lawyer (Highly Recommended)

• Judicial reviews are complex and procedural. Most applicants work with a lawyer to assess whether there’s a valid legal error in the decision.

➡️ 3. File a “Notice of Application” (Leave Stage)

• You have 15 days from the date of refusal (if refused inside Canada), or 60 days (if outside Canada), to file a notice.

• You are requesting “leave” (permission) from the Federal Court to have your case reviewed.

➡️ 4. Prepare and File the Applicant’s Record

• This includes affidavits, the refusal letter, the immigration application package, legal arguments (memorandum of law), and a list of authorities.

• Usually due 30 days after filing the notice.

➡️ 5. Government Responds (Respondent’s Record)

• The Minister of Immigration, Refugees and Citizenship (or CBSA, depending on the case) files their response.

➡️ 6. Reply (Optional)

• You may file a reply to the government’s response, typically within 10 days.

➡️ 7. Court Decides Leave Application

• If leave is granted, the case proceeds to an oral hearing.

• If denied, the review ends and the refusal stands.

➡️ 8. Judicial Review Hearing (If Leave is Granted)

• The lawyer will argue that the immigration officer made a legal error (e.g., acted unreasonably, ignored evidence, violated procedural fairness).

• No new evidence can be submitted—only the existing record is considered.

➡️ 9. Court Decision

• If successful, the court will set aside the decision and remit it back to a different officer for re-determination.

• The court does not approve the visa, only ensures the decision was fair and lawful.

🔹 Chances of Success

Success rates depend on:

➡️• The strength of the legal error (not simply disagreement with the outcome).

➡️• Whether procedural fairness was violated (e.g., not considering key documents).

➡️• Type of visa refused (study permits and LMIA-based work permits tend to see more litigation).

➡️• Quality of legal representation.

---

🔹Statistical estimates:

• Leave granted in ~30–40% of cases.

• If leave is granted, success at hearing is estimated at 40–50% depending on facts.

Pax Law has experience with thousands of files and over 80 court decisions as of 10 June 2025.

---

🔹 Tips for Increasing Your Chances

➡️• Retain a lawyer experienced in Federal Court immigration litigation.

➡️• Ensure the refusal reasons are clearly rebutted using existing record evidence.

➡️• Avoid delays—tight deadlines apply.