CICC Licence R509291 · RCIC-IRB|Verify licence
CICC Licence R509291 · RCIC-IRB|Verify licence
Canada · Federal Court
When there is no appeal, judicial review asks the Federal Court whether an officer's decision was unreasonable or unfair. Deadlines are short. We review the refusal and refer suitable cases to a Canadian litigation lawyer.
CICC licence R509291. Federal Court applications are filed by a Canadian lawyer.
The Federal Court does not re-decide your application. It checks whether the decision was reasonable and made fairly. If it was not, the court usually sends the file back for a new decision by a different officer.
You first need the court's permission, called leave. Many applications are settled or decided at this stage. Only Canadian lawyers can represent you in Federal Court, so we prepare the file and work with a lawyer.
Is it worth it?
A refusal you disagree with is not enough. There must be a reviewable error.
The officer overlooked documents you submitted, such as funds, ties or employment evidence.
The reasons do not make sense, contradict the file, or do not explain how the officer reached the decision.
You were not told of a credibility concern or given a chance to respond, for example by a procedural fairness letter.
The officer applied the wrong rule, requirement or standard to your application.
We usually request the GCMS notes first, because they show the officer's real reasoning.
For many visitor and study refusals, a stronger new application is faster and cheaper. We tell you which route fits.
What can be reviewed
Almost any final immigration decision can be reviewed if there is a reviewable error, including bias or unreasonable delay. These are the most common.
Visitor visa, study permit and work permit refusals, which have no appeal to the IRB.
Refused PR applications, including economic programs and humanitarian applications.
Decisions of the Refugee Appeal Division and the Immigration Appeal Division, and refugee decisions with no RAD appeal.
Findings of misrepresentation, criminality or other inadmissibility that block your application.
Removal orders, and inland sponsorship refusals that carry no right of appeal to the IAD.
Where IRCC has delayed far beyond normal processing without good reason, the court can be asked to order a decision.
How it works
The court process is handled by a Canadian lawyer. This is what happens, from the deadline to the decision.
01
15 days for decisions made in Canada, 60 days for decisions made outside Canada, from the day you receive the decision.
02
The lawyer files an application for leave and judicial review with the Federal Court, with the decision and supporting documents.
03
The application is served on the Attorney General of Canada, who usually responds for IRCC.
04
A judge reviews the written submissions and decides whether to grant leave. Without leave, the case ends.
05
If leave is granted, a judge hears arguments from both sides, in person or by video.
06
The court either dismisses the application or quashes the decision and sends it back for a new decision. A further appeal is only possible if the judge certifies a serious question.
Why Euro Consultants
CICC licence R509291. You can check it on the public register.
We request your GCMS notes so the real reasons for refusal are on the table.
We tell you whether there is a reviewable error, or whether a fresh application is the better route.
We flag the 15-day or 60-day limit from the moment you send us the decision.
Federal Court applications are filed by a Canadian lawyer. We organise your file and history so it is ready.
If reapplying makes more sense, we rebuild the application around each concern the officer raised.
Can I apply for judicial review of a visitor visa refusal from Pakistan?
Yes, if there is a reviewable error. For decisions made outside Canada, the application for leave must be filed within 60 days of learning of the decision.
If I win, do I get the visa?
Not automatically. The court usually orders a new decision by a different officer, who can approve or refuse again.
Can I reapply while a judicial review is pending?
Often yes, but it can affect strategy. Get advice before filing both.
Can a consultant file a judicial review?
No. Only lawyers licensed in Canada can represent you in Federal Court. Consultants can review the refusal, gather evidence and work with the lawyer.
What does leave mean in judicial review?
Leave is the Federal Court's permission to proceed. A judge reads the written arguments and decides whether the case raises a fairly arguable issue. Only if leave is granted does the case go to a hearing.
What is the deadline for judicial review?
15 days from the day you receive a decision made in Canada, and 60 days for a decision made outside Canada, such as a visa refusal from Pakistan. The court can extend the time only in limited cases.
Can I appeal if the Federal Court dismisses my case?
Only in limited cases. An appeal to the Federal Court of Appeal is possible in immigration matters only if the judge certifies a serious question of general importance. Otherwise, the usual next step is a new application.
Can judicial review help if IRCC is taking too long?
Sometimes. If processing has gone far beyond normal times without a good reason, a lawyer can ask the Federal Court for an order, called mandamus, directing IRCC to make a decision. It does not decide the outcome.
Send us the refusal letter. We will tell you whether judicial review, an appeal or a fresh application gives you the best chance.
Canada office: +1 905 399 8620 · info@euroimmiconsultant.pk · Islamabad: Office #36, Mezzanine Floor, Beverly Centre, Blue Area
