If Immigration, Refugees and Citizenship Canada, a visa office, or a tribunal has refused your application, that decision is not necessarily final. Many refused immigration decisions can be challenged in the Federal Court of Canada through a process called judicial review. Since 2004, the lawyers at Olalere Law Office have asked the Court to review unfair, unreasonable, or unlawful decisions and, where it agrees, to send them back to be decided again.
If you have just received a refusal, please act quickly. The deadline to begin a judicial review is very short.
What is judicial review — and how is it different from re-applying?
Judicial review is not a new application, and it is not a chance to simply submit more documents. Instead, the Federal Court examines how your decision was made — whether the decision-maker treated you fairly, followed the law, and reached a reasonable conclusion on the evidence.
If the Court finds the decision was unreasonable or unfair, it sets it aside and sends your file back to a different officer to be decided again — this time, correctly. For many of our clients, that second chance is exactly what they need.
The two stages of a Federal Court challenge
- Leave (permission): we file an Application for Leave and for Judicial Review and prepare the written record and argument showing the Court why your case deserves a full hearing.
- The judicial review hearing: if leave is granted, a Federal Court judge decides whether the decision should stand or be set aside.
Not every application is granted leave — which is why the quality of the written materials at the first stage matters so much. This is where experienced counsel makes the greatest difference.
Immigration decisions we can help you challenge
Visa and permit refusals (visitor, study, work)
Refusals of visitor visas, study permits, and work permits are among the most common decisions we challenge. Where an officer has ignored evidence, applied the wrong test, or given reasons that do not add up, the Federal Court can intervene.
Permanent residence refusals (Express Entry, PNP, sponsorship)
Refusals of economic and family permanent residence applications can be reviewed where the decision was unreasonable or the process was unfair.
Humanitarian and Compassionate (H&C) refusals
H&C decisions involve significant discretion — but that discretion must be exercised reasonably and with proper regard to your circumstances, including the best interests of any children involved.
Pre-Removal Risk Assessment (PRRA) refusals
A negative PRRA can have the gravest consequences. These decisions can be challenged in the Federal Court, often alongside an urgent request to stay your removal.
Inadmissibility and misrepresentation findings
Findings of inadmissibility — including allegations of misrepresentation — carry serious and lasting consequences. We review whether the finding was fair and supported by the evidence.
Refusals of tribunal decisions (RAD, IAD and others)
Decisions of the Refugee Appeal Division, the Immigration Appeal Division, and other tribunals can themselves be taken to the Federal Court for judicial review.
You have very little time — do not wait
- 15 days if the decision was made inside Canada
- 60 days if the decision was made outside Canada
The time runs from when you are notified of, or become aware of, the decision. Once the deadline passes, you usually lose the right to challenge the decision altogether.
What happens if the judicial review succeeds?
The Federal Court sets the refusal aside and orders your application to be reconsidered by a different decision-maker. While no lawyer can promise a particular result, a successful judicial review gives your application a genuine fresh start — free of the error that led to the refusal.