Federal Court Appeal (Judicial Review) lawyer Canada
If your immigration or refugee application was refused, you may be able to challenge that decision through a Federal Court judicial review. This process allows the Court to determine whether the decision was made fairly and in accordance with Canadian law.
What Is a Federal Court Appeal (Judicial Review)?
A judicial review is a legal process that allows the Federal Court of Canada to examine whether an immigration or refugee decision was made lawfully and fairly. Unlike an appeal, the Court does not re-hear the case or consider new evidence. Instead, it reviews the decision-making process to determine if it was reasonable, impartial, and procedurally fair.
If the Court finds that an error was made, it can set aside the decision and order the case to be reconsidered by a different officer or tribunal member.
Common Grounds for Federal Court Judicial Review
A judicial review is not about re-arguing your application—it focuses on whether the immigration decision was made fairly, reasonably, and according to law. Common grounds for judicial review include:
Procedural unfairness: The officer failed to give you a fair opportunity to respond, ignored key evidence, or relied on concerns you were never informed about.
Unreasonable decision-making: The decision lacks justification, ignores critical facts, or falls outside what a reasonable decision-maker could conclude.
Legal errors: The officer misapplied immigration law, regulations, or binding policy guidelines.
Failure to consider evidence: Important documents, explanations, or submissions were overlooked or dismissed without proper reasoning.
If any of these issues appear in your refusal letter, a Federal Court judicial review may be an appropriate remedy.
| Who Can Apply for Judicial Review |
|---|
| ✔Refugee claims or Refugee Appeal Division (RAD) decisions |
| ✔Pre-Removal Risk Assessments (PRRA) |
| ✔Humanitarian & Compassionate (H&C) applications |
| ✔Temporary Resident Refusals: visitor visa, work permit, or study permit |
| ✔Permanent Residency Refusals: Express Entry, PNP, or family sponsorship |
| ✔Citizenship refusals or revocations |
| ✔Removal orders or stay of removal refusals |
| ✔Inadmissibility decisions based on criminality, security, or misrepresentation |
What are the filing deadlines?
You must act quickly to protect your right to judicial review:
15 days from receiving your decision (for in-Canada decisions)
60 days (for decisions made outside Canada)
Missing these deadlines can permanently bar your case. Ayodele Law acts promptly to file your Notice of Application and preserve your right to review.
| The Judicial Review Process |
|---|
| Application for Leave: We ask the Court for permission (“leave”) to have your case heard. |
| Written Arguments: Our lawyers prepare detailed submissions outlining why the decision was unfair or unreasonable. |
| Leave Decision: If granted, your case proceeds to an oral hearing. |
| Hearing: We present arguments before a Federal Court judge while government counsel defends the decision. |
| Decision: The judge may dismiss the application or allow it, sending your case back for reconsideration. |
A judicial review focuses on legal fairness and reasonableness — not rearguing your facts.
Do I Need a Lawyer for a Federal Court Judicial Review?
While individuals are legally permitted to represent themselves, Federal Court judicial reviews are complex, technical, and deadline-driven. Only a lawyer licensed in Canada may represent clients before the Federal Court—immigration consultants are not permitted to appear.
Many clients contact us after searching for a Federal Court immigration lawyer near me, often when time is short and filing deadlines are approaching. As a Toronto-based immigration law firm, Ayodele Law represents clients locally in Toronto and across Canada, handling all stages of Federal Court litigation—from urgent filings to oral hearings.
Because judicial review is decided largely on written legal arguments, even minor procedural errors can result in dismissal. Working with an experienced Federal Court lawyer helps ensure your case is presented clearly, persuasively, and within strict statutory timelines.
What Happens If Your Judicial Review Is Successful?
If the Federal Court allows your judicial review, it does not approve your immigration or refugee application. Instead, the Court will:
Set aside (quash) the original decision
Order that your case be reconsidered by a different officer or tribunal member
Require the new decision-maker to assess your application fairly and according to law
While approval is never guaranteed, a successful judicial review gives you a second, fair opportunity—often correcting errors that led to the initial refusal. If the application is dismissed, no further appeal is available, which is why strategic case assessment before filing is critical.
Why Hire Ayodele Law for Your Federal Court Appeal?
At Ayodele Law, we understand the complexity and urgency of Federal Court matters. Our approach includes a balance of legal precision, empathy, and strategic advocacy to give your case the strongest chance of success.
- A meticulous review of your file and refusal letter
- Preparation of persuasive written submissions
- Collaboration with you to build a clear, compelling narrative
- Representation in all Federal Court stages
- Transparent communication and strong advocacy at every step
We approach every appeal with diligence and care — ensuring your voice is heard and your case is presented with clarity and fairness before the Federal Court of Canada.
Frequently Asked Questions
Challenging an immigration or refugee decision in Federal Court involves strict deadlines, complex legal standards, and a process that is very different from a traditional appeal. Below are answers to some of the most common questions we receive about judicial review applications, including eligibility, timelines, and what to expect when seeking review before the Federal Court of Canada.
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A Federal Court judicial review is not a traditional appeal. The Federal Court does not re-hear your case or consider new evidence. Instead, it reviews whether the immigration decision was made fairly, reasonably, and in accordance with the law. If errors are found, the Court may set aside the decision and send it back for reconsideration by a different decision-maker.
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Judicial review may be available for many refused or negative immigration decisions, including visitor visas, study permits, work permits, permanent residence applications, refugee decisions, humanitarian and compassionate applications, inadmissibility findings, and certain removal-related decisions. In many cases, judicial review is the only legal remedy available.
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Deadlines are strict and missing them can permanently end your case. You must file:
Within 15 days of receiving the decision if it was made inside Canada
Within 60 days if the decision was made outside Canada
Because these timelines are unforgiving, speaking with a Federal Court immigration lawyer immediately after receiving a refusal is critical.
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The leave stage is the first step, where the Federal Court decides whether your case raises a serious legal issue worth hearing. This stage is conducted entirely in writing, with no oral hearing. If leave is denied, the case ends. If leave is granted, your application proceeds to a full judicial review hearing.
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No. The Federal Court cannot approve your application or substitute its own decision. If your judicial review is successful, the Court will typically set aside the refusal and order that your case be reconsidered by a different officer or tribunal member, following the Court’s legal guidance.
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You are not required to hire a lawyer located in your city, but Federal Court litigation involves complex legal standards and strict procedural rules. Working with an experienced Federal Court immigration lawyer near you—or one who represents clients nationwide—can significantly improve your chances of success.
At Ayodele Law, our Toronto-based team represents clients across Canada in judicial review applications before the Federal Court of Canada, including challenges against decisions made by Immigration, Refugees and Citizenship Canada. -
Filing a judicial review does not automatically stop removal in all cases. Some applicants may need to bring a separate stay motion to pause enforcement while the Court reviews the case. Whether a stay is available depends on your status, the type of decision, and the urgency of removal.
From Our ClientsTracy has a wealth of experience in immigration law, and her deep understanding of the process was evident throughout my case. The team at Ayodele Law treated me with respect and kindness, making me feel more than just another case file. Thanks to Tracy, I Had a Successful Outcome
Contact us
In person or virtual consultations available. Your case is important to us. We will get back to you within 24 hours of your submission.
Office Hours: Monday - Friday | 10am - 5pm
Telephone: 647-937-4330
Fax: 416-486-7747
Email: admin@ayodelelaw.ca