Can the government itself seek judicial review of a decision that went in my favour?

Yes. The Minister can also apply for leave and judicial review of a decision that went in an applicant's favour, such as a positive decision from the Immigration Appeal Division or the Refugee Protection Division. The same basic process applies as it would to an individual applicant challenging a refusal: the Minister must first obtain leave from the Federal Court, and the same legal standards, including the reasonableness standard of review, apply to the government's challenge as would apply to anyone else's.

This means a favourable decision is not always the absolute end of the matter. If the government believes the original decision was legally flawed, it can pursue judicial review just as an unsuccessful applicant could, and if that review succeeds, the usual remedy of sending the matter back for redetermination applies in the same way it would in reverse.

Anyone who receives a positive decision should be aware that a government judicial review, while less common than an applicant-initiated one, remains a real possibility, and the same strict filing deadlines apply to the government's own leave application.