Federal Court judicial review

Overview

Federal Court judicial review

Judicial review asks the Federal Court to determine whether an immigration or citizenship decision was lawful, procedurally fair and reasonable. The Court normally cannot substitute an approval; a successful case is usually returned for redetermination.

Meet the filing deadline

Immigration matters arising in Canada generally have a 15-day limit and outside-Canada matters generally 60 days, subject to the governing statute and facts. Citizenship uses its applicable timeline.

A reconsideration request or ATIP application does not automatically extend court time.

Apply for leave first

The applicant files a notice, affidavit and written argument explaining the reviewable errors. The Court decides leave on the written record without reasons in most cases.

New evidence is generally limited because review focuses on the record before the decision-maker.

Understand the hearing and remedy

If leave is granted, the tribunal’s record is produced and the case proceeds to a hearing. The judge assesses fairness and reasonableness under administrative-law principles.

Winning normally sets aside the decision and sends it to a different officer or panel.

Seek a stay where action is imminent

Judicial review alone does not stop removal or another consequence. A separate stay motion must satisfy the legal test for a serious issue, irreparable harm and balance of convenience.

Urgent motions require complete, credible evidence.