What is the deadline to challenge a refusal in Federal Court?
15 days for a matter arising in Canada and 60 days for a matter arising outside Canada. The time runs from the day you were notified of the decision or otherwise became aware of it. This comes from paragraph 72(2)(b) of the Immigration and Refugee Protection Act.
In practice, a decision on an application made from inside Canada, such as a study permit extension or a PGWP, is usually a matter arising in Canada. A visa decision made on an application from abroad is usually a matter arising outside Canada. If you are not sure which applies, treat the shorter limit as yours and speak to a lawyer right away.
A judge may allow more time, but only “for special reasons” (paragraph 72(2)(c)). Do not plan on an extension.
How do I choose between reapplying and judicial review?
Ask one question: was the problem my file, or the officer’s decision? If your file was missing evidence, fix the file and reapply. If your file was complete and the officer ignored or misread it, judicial review may fit.
| Reapply | Federal Court review | |
|---|---|---|
| Best when | Your evidence was weak or your situation has changed | Your evidence was strong and the decision ignored it or made no sense |
| New documents | Yes, that is the point | Generally no; the Court looks at what the officer had |
| Deadline | None in most cases, unless your letter says otherwise | 15 days (in Canada) or 60 days (outside Canada) |
| Best result | A new decision on a stronger file | The file is sent back to be decided again |
| Cost | A new IRCC application fee | $50 filing fee, plus legal fees if you hire a lawyer |
When does reapplying make sense?
When you can answer every refusal reason with something new. IRCC says you can reapply at any time unless your letter says you cannot, but that applying again with the same information will likely not change the decision. It lists changes such as a new purpose of visit, or a changed job or financial situation, as reasons a new application may succeed.
Before you reapply, read the officer’s notes and the guide for each reason in your letter. Start with refusal reasons explained.
How does judicial review work?
It is a two-stage process in the Federal Court. First you ask for leave, which is permission to proceed. Only if a judge grants leave does the case go on to a hearing. There is no appeal from a decision refusing leave.
- File the application for leave and judicial review within 15 or 60 days and pay the $50 fee. The Court accepts credit card, cash, debit or cheque payable to the Receiver General for Canada.
- File your applicant’s record with your arguments, within 30 days of filing, or of receiving the officer’s written reasons if you did not have them yet.
- A judge decides on leave, usually on the written record.
- If leave is granted, there is a hearing. If you win, the Court can send your case back to be reconsidered.
IRCC says that if you apply for leave and judicial review, you should state in your application that you have not received the reasons for the refusal, even if you received an officer decision note. This lets the Court ask for the complete reasons. See GCMS notes and officer decision notes.
What are the grounds for judicial review?
You must show the decision was unreasonable, unfair, or legally wrong. A decision you simply disagree with is not enough. The Federal Court’s own guide describes the process; common examples of problems people raise include:
- The officer ignored or misread a key document you submitted.
- The reasons do not connect to the facts in your file.
- The officer relied on a concern you had no chance to answer, where fairness required that chance.
- The officer applied the wrong legal test.
Whether any of these applies to your case is a legal question. A lawyer should assess it.
Can I ask IRCC to reconsider the decision?
There is no formal appeal or reconsideration process for temporary residence decisions. IRCC says this directly. Some people write to IRCC asking an officer to look again, usually to point out an obvious error such as a document that was sent but not seen. IRCC does not have to reconsider, and there is no set time for a reply.
A reconsideration request does not pause the Federal Court deadline. If the error is serious, speak to a lawyer before the 15 or 60 days pass, even if you also write to IRCC.
When should I see a lawyer?
Right away, before the deadline, if any of these apply:
- You think the officer ignored or misread your evidence.
- The refusal mentions misrepresentation, which carries a five-year ban.
- You are inside Canada and your status, job or studies depend on the decision.
- You have been refused more than once for the same reasons.
In Federal Court you may act for yourself or be represented by a lawyer (Federal Courts Rules, rule 119). Immigration consultants cannot represent you there. For reapplications, a lawyer or a licensed consultant (RCIC) can help.