Immigration and Refugees Law
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If Canada refuses your visitor visa, study permit or work permit, you may be able to ask the Federal Court to review the decision, but the deadline is short. This process is called judicial review. Under section 72 of the Immigration and Refugee Protection Act, it starts with an application for leave, which means permission from the court.
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Judicial review means a judge checks whether the officer’s decision was made fairly and reasonably. It is not a new application, and the judge does not re-do your file from the beginning.
Many people believe that after a refusal all they can do is wait and apply again. In some cases, asking the Federal Court to review the refusal is another option, and it can be pursued in addition to a new application.
Under section 72, subsection 1, judicial review of an immigration decision starts by applying to the Federal Court for leave. Leave means permission: the court must first agree to hear your case.
A judge decides the leave application in writing and, as a rule, does not hold a hearing at this stage. There is no appeal from the leave decision itself.
The time limit is in section 72, subsection 2, paragraph (b). If the matter arose in Canada, you have 15 days. If it arose outside Canada, for example a visa refused by a visa office abroad, you have 60 days.
The days are counted from the day you are told about the decision or otherwise learn about it. Under paragraph (c), a judge may allow more time, but only for special reasons. So it is wise not to wait.
In Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65, the Supreme Court of Canada said that the usual standard of review is reasonableness (paragraph 16). At paragraph 99, the court said a reasonable decision is based on reasoning that is justified, transparent and intelligible.
In simple words, the officer’s reasons must make sense: a clear line of thinking that fits the facts and the law.
As a general rule, the judge does not decide your application or issue the visa. If the decision was unreasonable, the court usually sets it aside and sends the matter back to be decided again, sometimes by a different officer.
If the refusal was reasonable, it stays in place. Either way, no result is guaranteed.
Often yes. Some people reapply with a stronger file, and some do both. But reapplying does not stop the deadline for judicial review.
There are also exceptions. For example, under section 40, subsection 2, paragraph (a), a finding of misrepresentation generally means a person is inadmissible for five years. A refusal that includes such a finding needs particular care.
Because the deadline is short and the court reviews the officer’s reasons and the record, early advice matters. A lawyer can tell you whether the refusal is a good candidate for review, whether another application makes sense, or whether both should be pursued. You can also read about Federal Court decisions Pax Law has obtained; past results do not guarantee future outcomes.
Sources for this article: Immigration and Refugee Protection Act, S.C. 2001, c. 27, section 72, subsections (1) and (2), paragraphs (b) and (c), and section 40, subsection (2), paragraph (a); and Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65, paragraphs 16 and 99.
It is a Federal Court process in which a judge checks whether the officer’s decision was made fairly and reasonably. It is not a new application.
Yes. Under section 72, subsection 1 of the Immigration and Refugee Protection Act, you must first apply for leave, which means permission, before the court hears your case.
Under section 72, subsection 2, paragraph (b), it is 15 days if the matter arose in Canada and 60 days if it arose outside Canada, counted from when you were told about the decision or otherwise learned of it.
Under paragraph (c), a judge may allow more time, but only for special reasons. It is wise not to rely on an extension.
As a general rule, no. If the decision was unreasonable, the court usually sets it aside and sends it back to be decided again, sometimes by a different officer.
The usual standard is reasonableness. In Vavilov, 2019 SCC 65, the court said a reasonable decision is justified, transparent and intelligible.
Often yes, and some people do both. Reapplying does not stop the deadline for judicial review.
It may apply to many immigration decisions, including visitor visa, study permit and work permit refusals, depending on the facts. A lawyer can assess your situation.
Under section 40, subsection 2, paragraph (a), a finding of misrepresentation generally means inadmissibility for five years. This kind of refusal needs careful legal advice.
The refusal stays in place. Every case is different, and no result is guaranteed.
At the leave stage, a judge decides the application in writing as a rule. If leave is granted, a hearing may follow.
You can book a consultation with one of the lawyers at Pax Law Corporation to discuss your own refusal.
If your visa, study permit or work permit was refused and a deadline may be running, you can book a confidential consultation with Pax Law Corporation. You can also view our immigration services.
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Disclaimer: This article is general information only and is not legal advice. Every situation is different. It reflects the Immigration and Refugee Protection Act as of the publication date, and the law changes. Past results do not guarantee future outcomes. Reading this article does not create a lawyer-client relationship. Speak with a lawyer about your own situation before acting.
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