Service 02

Immigration Litigation and Judicial Review

When a decision has gone against you, the remedy is often not another application — it is advocacy before a court or tribunal. We assess whether a decision is challengeable, explain the realistic outcomes, and act for clients at Federal Court and before the Immigration and Refugee Board.

The exterior of the Federal Court building, with a Canadian flag flying in front of it.

Deadlines are short and strictly enforced

Deadlines in litigation are short and strictly enforced — the time to seek leave for judicial review can be as little as 15 or 60 days depending on where the decision was made. Contacting the firm does not itself suspend a deadline. If you believe a deadline is approaching, call the office rather than waiting for a reply to an online form.

Federal Court Judicial Review

  • Judicial review of eligible immigration decisions, including refusals of temporary and permanent residence applications.
  • Applications for leave and the supporting legal memoranda.
  • Challenges to refusals of visitor, study and work permit applications.
  • Applications challenging visa office and inland case processing decisions.

Tribunal Appeals & Reviews

  • Judicial review of eligible refugee and immigration tribunal decisions.
  • Immigration Appeal Division (IAD) appeals, where a right of appeal exists.
  • Refugee Appeal Division (RAD) appeals.
  • Admissibility hearings and detention reviews before the Immigration Division.

Grounds Argued

  • Breach of procedural fairness — including inadequate reasons and undisclosed concerns.
  • Unreasonable decisions and errors of law or fact.
  • Failure to consider evidence properly placed before the decision-maker.
  • Requests for stays of removal and urgent interim relief, where available.

Reconsideration & Urgent Advice

  • Requests for reconsideration of a decision, where the forum permits it.
  • Responding to procedural fairness letters within tight deadlines.
  • Urgent immigration-related legal advice ahead of removal or a court date.

What judicial review actually is

Judicial review is not a do-over. The Federal Court does not re-decide your case or substitute its own opinion for the officer’s. It asks whether the decision was made according to law and fairly — whether you had a proper hearing, whether the reasons hold together, and whether the outcome was one a decision-maker could reasonably reach on the evidence.

That distinction matters, because it decides what evidence is relevant, what arguments can be made, and how the record must be built. We assess your decision letter against that standard and tell you honestly whether a challenge is worth bringing.

Bring to your consultation

  • The decision letter or notice, with its date.
  • Any procedural fairness letter you received, and your reply.
  • The application and supporting documents as submitted.
  • Current immigration status and any removal order.
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