A refusal is not always the end of the road. When an immigration or refugee decision is unreasonable or unfair, you can ask the Federal Court of Canada to review it. Judicial review is not a second application, and it is not an appeal that re-decides your case. The Court looks at how the decision was made, whether the officer followed the law, and whether the outcome was reasonable. Because it is litigation before the Federal Court, only a lawyer can carry it forward, and it is a central part of Dr. Kataria’s work at Pallavi Law Office.
When judicial review is the right step
Not every refusal belongs in Federal Court. The first step is a careful read of the decision and the officer’s notes, because the reason for the refusal decides whether reapplying, an appeal, or judicial review gives you the best chance. Dr. Kataria reviews the file with you and gives an honest assessment before anything is filed, so you are not spending money on a challenge that was never likely to succeed.
What can be challenged
- Refused visitor visas, work permits, and study permits
- Refused permanent residence and sponsorship applications
- Negative refugee and Refugee Appeal Division decisions
- Decisions that ignored evidence, misapplied the law, or were procedurally unfair
How the process works
- File an application for leave (permission) within the deadline.
- If leave is granted, the case is set down for a hearing.
- Your lawyer argues that the decision should be set aside.
- If you succeed, the file goes back for a fresh decision by a different officer.
The deadlines are short, so act quickly
You generally have 15 days to begin if the decision was made inside Canada, and 60 days if it was made outside Canada. Once that window closes, the option is usually gone for good. If you have just received a refusal you believe is wrong, it is worth getting advice within days, not weeks.
Referrals from consultants and firms
Immigration consultants and firms cannot represent clients at the Federal Court, that step requires a lawyer. If you have a client whose application has been refused and who wants to challenge it, Dr. Kataria accepts referrals and works alongside you, so your client stays supported and you stay involved in the file from start to finish.
Frequently asked questions
How long do I have to file for judicial review?
Generally 15 days if the decision was made in Canada and 60 days if it was made abroad. Missing the deadline usually ends the option, so it is important to act quickly.
Will judicial review get my application approved?
Not directly. If you succeed, the matter usually goes back to a different officer for a fresh decision, rather than being approved outright.
How do I know if I have a real chance?
It depends on the specific errors in your decision. Dr. Kataria reviews the refusal and the officer’s notes and gives you an honest assessment before you commit.
Can a consultant file judicial review for me?
No. Judicial review at the Federal Court must be conducted by a lawyer. Dr. Kataria takes these cases and works alongside referring consultants and firms.
Refused, and the clock is ticking?
Have your refusal reviewed before the deadline passes. Call (437) 788-9349 or send us the details of your decision, and Dr. Kataria will tell you honestly whether judicial review is worth pursuing.
