When Can You Apply for Judicial Review?

You may seek judicial review for a wide range of immigration matters, including:

• Refusals of temporary residence applications (visitor visa, study permit, work permit)

• Rejections of permanent residence applications, such as Express Entry, sponsorships, or H&C claims

• Delays or inaction by immigration authorities, including delayed visa processing

• Denied Canadian citizenship applications

• Refugee claim rejections (after exhausting other appeal routes)

In most cases, you must apply for judicial review within 15 days of receiving a decision made inside Canada or 60 days for decisions made outside Canada.

Types of Judicial Review Cases We Handle

1. Challenging Delays and Inaction (Mandamus Applications)

If your immigration or visa application has been stuck in processing for an unreasonable amount of time, you may be eligible to file a Mandamus application. This is a type of judicial review that asks the Federal Court to order IRCC or another immigration body to move forward with your case.

Common examples include:

• PR applications delayed for years without a decision

• Work or study permits with no update far beyond normal processing times

• Citizenship applications with unexplained silence

In these cases, our legal team prepares detailed documentation and correspondence showing that:

• You have fulfilled all your responsibilities,

• Reasonable processing times have been exceeded, and

• No legal reason justifies the delay.

Mandamus applications can be highly effective when used strategically and professionally.

2. Challenging Refusals (Leave and Judicial Review)

If your application has been unfairly refused, you may be able to challenge that refusal through a two-step judicial review process:

• Leave Stage: The Court first decides whether your case is strong enough to proceed.

• Judicial Review Stage: If leave is granted, the Court will then hear legal arguments from your lawyer and the government.

We frequently challenge refusals such as:

• Visitor visa refusals based on insufficient ties or vague reasoning

• Study permit denials citing lack of purpose or unclear study plans

• Work permit refusals based on “lack of genuineness” or missing documents (even when submitted!)

• PR rejections where discretion was misused or misapplied

• Citizenship refusals due to alleged residency miscalculations

We focus on identifying errors in law, breaches of procedural fairness, or irrational decisions that can be overturned or sent back for reconsideration.

Why Legal Representation Matters

Judicial reviews are complex and involve strict timelines, technical arguments, and a deep understanding of immigration law and Federal Court procedures. Unlike regular applications, this is a litigation process—you are taking legal action against a government decision.

Our firm has experience preparing persuasive legal submissions, drafting effective affidavits, and appearing before the Federal Court on behalf of clients from around the world. We tailor our approach based on the type of decision, underlying facts, and available remedies.
 

Is Judicial Review Right for You?

Not every refusal or delay justifies going to court. But when done properly and at the right time, judicial review can be a powerful tool to:

• Hold immigration authorities accountable,

• Correct unfair or irrational decisions, and

• Move your immigration journey forward.