TREADSTONE LAW · ONTARIO · DIGITAL LEGAL SERVICES · EST. MMXXI ·TSL
Learn/Ask a Lawyer/Immigration/Can a Federal Court judicial…
Immigration

Can a Federal Court judicial review decision be appealed further?

TSL Written by the Treadstone Law team· Updated August 2026

Only in a specific, limited circumstance. A Federal Court decision on an immigration judicial review can be appealed to the Federal Court of Appeal solely where the Federal Court judge who decided the case has certified a serious question of general importance in their reasons. Without that certification, the Federal Court's decision is final, no matter how significant or disappointing the outcome is to the person involved.

This is quite different from how appeal rights typically work in other areas of Canadian litigation, where a broader right of appeal usually exists without needing this kind of gatekeeping step. Certification is entirely up to the trial judge's own assessment of whether the issue genuinely transcends the individual case and would actually be dispositive of a further appeal — it is not something either side can simply request as of right.

Because the window to raise certification is tied to the judicial review proceeding itself, anyone who believes their case raises a genuinely significant legal question should make that argument clearly during the judicial review, not after the decision has already been released.

Key takeaways

  • Appeal to the Federal Court of Appeal is only available with a certified question.
  • Without certification, the Federal Court's judicial review decision is final.
  • Certification depends entirely on the trial judge's own assessment of general importance.
  • Argue for certification during the judicial review itself, not after the decision is released.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone immigration lawyer can help.
Was this helpful?Share:

Go deeper

Still have questions?

Search 6,000 answers, or send yours to a Treadstone lawyer — we answer in plain language.

All answersStart a File →