What is judicial review of an immigration decision in Federal Court?

Judicial review is the process by which the Federal Court of Canada reviews the lawfulness of a federal immigration decision. Because immigration is federal, it is the Federal Court — not Ontario's courts — that has jurisdiction over IRCC and IRB decisions. Judicial review is not the same as an appeal: the court does not assess whether the decision was the best outcome but whether it was reasonable, made in good faith, and procedurally fair.

To proceed with judicial review, you must first obtain leave (permission) from the Federal Court. The court grants leave only if the application raises an arguable case. If leave is granted, the case proceeds to a hearing where the court examines the decision-maker's reasoning. If the court finds the decision was unreasonable or unfair, it typically sends the matter back to IRCC or the tribunal to be decided again — it does not usually grant the status or visa itself.

Filing deadlines for judicial review applications are short and strictly enforced. Missing the deadline means losing the right to challenge the decision. If you are considering judicial review, contact a lawyer immediately after receiving the decision. Not every unfavorable decision merits judicial review — a lawyer can assess whether there are reasonable grounds and advise on the realistic prospects.