What to do next
Identify which route your decision carries
Certain sponsorship refusals, removal orders and residency-obligation decisions may go to the Immigration Appeal Division. Most visa and permit refusals go only to Federal Court judicial review. The decision letter usually says.
Note the deadline the day the decision arrives
Judicial review deadlines differ depending on whether the decision was made inside or outside Canada, and leave is required in many immigration matters. These periods are days and weeks, not months.
Understand what each forum can do
The IAD can hear fresh evidence and substitute a decision, and can consider humanitarian factors in some appeals. Judicial review generally sends the matter back for a fresh decision rather than granting what you asked for.
Get counsel or an authorised representative
Use a lawyer or a regulated consultant. Unlicensed advisers in this area cause lasting harm, and a misrepresentation finding arising from a bad application carries multi-year bars.
Frequently asked questions
Will the court grant me the visa?
No. Judicial review assesses reasonableness and fairness; the usual remedy is returning the matter for a fresh decision by a different officer.
Do I need leave?
Many immigration judicial review applications require leave from the Federal Court. That is part of why the process is technical and time-critical.
Can I submit new evidence?
Generally not on judicial review — it reviews the record before the officer. The IAD can hear fresh evidence in appeals it has jurisdiction over.
Is reapplying better?
Frequently, where the refusal was evidentiary. Not where there is a misrepresentation finding or a legal error worth correcting.
This is general information, not legal advice. Laws vary by location and every situation is different — speak with a qualified lawyer about your specific circumstances.