What is judicial review?

Judicial review (JR) is an application to the Federal Court of Canada under section 72 of IRPA asking the Court to set aside an IRCC or IRB decision. It is not an appeal on the merits — the Court does not re-decide your case. Instead, the Court reviews whether the original decision-maker:

• Acted within their legal authority (jurisdiction)
• Followed procedural fairness (you got a fair opportunity to know the concerns and respond)
• Made a reasonable decision (decision falls within a range of acceptable outcomes given the evidence)

If the Court agrees there was a legal error, it sets aside the decision and sends the case back to a different officer for redetermination — usually with reasons explaining what went wrong.

When JR is the right tool

JR is appropriate when:

• Officer ignored or misunderstood evidence you submitted
• Officer applied the wrong legal test (e.g. wrong NOC TEER eligibility, wrong settlement-funds formula)
• Officer breached procedural fairness (didn't issue a procedural fairness letter where one was required)
• Officer made an unreasonable factual finding (conclusion not supported by the evidence)

JR is NOT appropriate for:

• Substantive disagreement on the merits (e.g. you think your SOP is strong, officer thought it was weak)
• New evidence that wasn't before the original officer (file a fresh application instead)
• Mere unhappiness with the outcome

Deadlines — strict and short

• 15 days from receipt of the negative decision if you are in Canada
• 60 days from receipt if you are outside Canada

These are statutory deadlines. Late filings are rarely accommodated. The 15-day clock starts the day after receipt, including weekends.

Two-stage process

JR has two stages:

1. Leave stage — preliminary screening; Court decides whether to grant leave (permission) to proceed to a full hearing. Most JR applications are decided at this stage on paper. Granted in ~25-35% of cases historically.
2. Hearing stage — if leave is granted, full oral hearing. Most leave-granted cases succeed at the hearing.

Outcomes

• Leave denied: case is over; no further appeal except in rare circumstances
• Leave granted, hearing won: decision set aside; case returned to IRCC/IRB for redetermination by a different officer
• Leave granted, hearing lost: decision stands; very limited further appeal options

Who can represent you

JR is conducted by a lawyer — Federal Court rules require it. An RCIC can co-counsel as the immigration substance expert but cannot appear as counsel in their own name. Halani co-counsels with experienced Federal Court immigration lawyers.

Costs

JR is a serious financial commitment. Typical lawyer fees: CAD 4,000-12,000 for leave + hearing depending on complexity. Court filing fees: CAD 50 for leave, additional for hearing.