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Judicial Review of an IRCC Refusal: The 15-Day and 60-Day Deadlines

To challenge an IRCC decision in the Federal Court you first need leave. The application must be filed within 15 days if the matter arose in Canada, or 60 days if it arose outside Canada, after you're notified (IRPA s.72). Any appeal right, such as an IAD appeal, must be used first.

There is no general appeal from most IRCC refusals: visitor visas, study permits, work permits and many permanent residence decisions. The court route is judicial review in the Federal Court, and its deadline is short. A matter arising in Canada gives you 15 days.

This guide sets out the deadlines, the steps, the court fee, what the Court can and cannot order, and why most people use a lawyer for this step. It explains how the process works; whether a review is worth bringing in a particular case is a question for a lawyer who has read the file.

The deadline: 15 days or 60 days

IRPA s.72(1) says judicial review of "any matter — a decision, determination or order made, a measure taken or a question raised — under this Act" starts with an application for leave to the Federal Court.

Section 72(2)(b) sets the clock. The application must be served and filed "within 15 days, in the case of a matter arising in Canada, or within 60 days, in the case of a matter arising outside Canada, after the day on which the applicant is notified of or otherwise becomes aware of the matter."

Two details matter:

  • The clock runs from when you were notified or became aware, not from when you decided to act.
  • For decisions of the Immigration and Refugee Board (IRB), IRPA s.169(f) says the period runs "from the giving of notice of the decision or from the sending of written reasons, whichever is later."

Section 72(2)(c) lets a judge allow more time "for special reasons". That is a discretion, not a right, so nobody can promise an extension in advance.

Use any appeal first

Section 72(2)(a) says the application "may not be made until any right of appeal that may be provided by this Act is exhausted."

The main example is a refused family-class sponsorship. IRPA s.63(1) gives the sponsor an appeal to the IRB's Immigration Appeal Division (IAD), with 30 days to file under the IAD Rules. That appeal comes before any Federal Court application. Residency-obligation decisions made outside Canada also have an IAD appeal (s.63(4)), with 60 days.

Temporary residence decisions have no appeal. IRCC's help centre says: "there's no formal process to appeal decisions on temporary residence applications." For those, judicial review is the court route.

The two stages: leave, then the hearing

Stage 1, leave. You file an application for leave. The Federal Courts Citizenship, Immigration and Refugee Protection Rules then require you to "perfect" it within 30 days after filing (rule 10(1)(a)), by serving and filing a record that includes the decision, the written reasons, supporting affidavits and a memorandum of argument. IRCC's own page describes the test at this stage: you must show "that the decision was not fair or reasonable, or that there was an error."

A judge decides leave "without delay and in a summary way and, unless a judge of the Court directs otherwise, without personal appearance" (s.72(2)(d)). No appeal lies from the leave decision (s.72(2)(e)).

Stage 2, the hearing. If leave is granted, the judge fixes a hearing date "no sooner than 30 days and no later than 90 days after leave was granted, unless the parties agree to an earlier day" (s.74(b)). An appeal to the Federal Court of Appeal is only possible if the judge certifies "a serious question of general importance" (s.74(d)).

If you don't have the officer's reasons yet

Since 29 July 2025, IRCC has included officer decision notes with refusal letters for most temporary resident applications, and since 26 May 2026 for most permanent residence applications (IRCC transparency page, page date 27 August 2026). eTAs, temporary resident permits and H&C applications are excluded, and IRCC says it may remove portions of a note.

You don't have to wait for full reasons before filing. Rule 9 of the Federal Courts immigration rules says that if your application states you haven't received the written reasons, the Registry asks the decision-maker to send them. Your 30 days to perfect then run from when you receive the reasons or a notice that none exist (rule 10(1)(b)). IRCC's page notes that, where portions of a note were removed, saying you haven't received the reasons lets the Court request the full reasons under Rule 9.

What it costs

The court fee is small. Rule 23 of the Federal Courts Citizenship, Immigration and Refugee Protection Rules: "A fee of $50 shall be paid to the Registry in order to file an application for leave or a notice of appeal." Rule 22 says no costs are awarded to or against any party in these proceedings "unless the Court, for special reasons, so orders."

The main cost is professional fees for the lawyer who prepares the record, affidavits and argument and, if leave is granted, appears at the hearing. Fees vary with the case. Ask for the fee in writing before you sign anything.

Who can represent you in Federal Court

Rule 119(1) of the Federal Courts Rules says "an individual may act in person or be represented by a solicitor in a proceeding." A solicitor is a lawyer.

RCICs are not on that list. IRPA s.91(10) says that for the representation rule, a "proceeding does not include a proceeding before a superior court", and the Federal Courts Act s.4 makes the Federal Court a superior court of record. In practice, judicial review is done by a lawyer or by the applicant in person. An RCIC who handled the original application can still help with a new application to IRCC.

What the Court can and cannot do

Judicial review is not a second application. The Court checks whether the decision was reasonable and fair, based on the record the officer had.

If the applicant succeeds, the usual result is that the decision is set aside and sent back for a new decision. The Court does not itself issue a visa or permit. IRCC's page on refugee decisions puts it this way: if a case is returned, "your case will be reconsidered", and "This does not mean the IRB will reverse the original decision."

Filing doesn't, by itself, keep you in status. IRCC's page shows that for some decisions a removal order is not on hold while the Court decides. If you're in Canada and your status depends on the outcome, that is part of what a lawyer looks at on day one.

Judicial review or a new application?

For temporary residence refusals, IRCC describes two options: re-apply, but IRCC says you "should only re-apply if either your situation has changed significantly, or you have new information to submit that will address the reason you were refused in your last application", or seek judicial review if you believe "the decision is unreasonable or that there was an error in law or fairness."

They answer different problems. A new application can add evidence the officer didn't have. Judicial review addresses an error in how the decision was made. Which fits depends on the reasons in the refusal, which is why the notes matter.

Find a regulated adviser quickly

With 15 days on the clock, the time spent finding a lawyer counts. Migratio's directory lists only advisers who signed up with us and are in good standing with a law society, or who show "Entitled to Practise: Yes" on the live CICC register, with each listing linked to the official register. Migratio is not a law firm or an immigration consultant and doesn't give advice.

Questions people ask

How long do I have to apply for judicial review in Canada?

Under IRPA s.72(2)(b): 15 days for a matter arising in Canada, 60 days for a matter arising outside Canada, after you're notified or otherwise become aware of the decision. A judge can extend the time only for special reasons.

How much does judicial review cost in Canada?

The Federal Court filing fee for an application for leave is $50 (rule 23). Costs are not normally awarded either way (rule 22). The larger cost is the lawyer's fee, which varies by case.

How long does judicial review take?

The applicant's record is due 30 days after filing (or after receiving reasons). If leave is granted, the hearing is set between 30 and 90 days after the leave decision, unless the parties agree to an earlier date (s.74(b)). The leave decision itself has no fixed timeline.

Can an RCIC file a judicial review for me?

No. Under the Federal Courts Rules an individual acts in person or through a solicitor (a lawyer). IRPA s.91's representation rule doesn't cover proceedings before a superior court such as the Federal Court.

Can I get judicial review of a visitor visa refusal?

Yes. IRCC says there's no formal appeal for temporary residence decisions, but an application for leave and judicial review can be filed with the Federal Court. A visa refused outside Canada usually falls under the 60-day period.

If I win, do I get the visa?

Not directly. A successful review usually sends the file back for a new decision, which may or may not differ.

Sources

Last checked 2026-10-09.

Related guides

  • Canada Visitor Visa Refused: What Your Options Are — There's no appeal from a visitor visa refusal. IRCC says you can apply again at any time unless your letter says otherwise, but only new information that addresses the refusal reasons is likely to change the result. The court route is judicial review in the Federal Court.
  • Study Permit Refused: Reapply, Seek Review or Rethink — There's no appeal from a study permit refusal. The options are a new application (which needs a new provincial or territorial attestation letter in most cases) or judicial review in the Federal Court within 60 days from outside Canada or 15 days from inside. Students in Canada also need to check their status.
  • Spousal Sponsorship Refused: How the 30-Day IAD Appeal Works — If IRCC refuses a permanent resident visa for a spouse, common-law or conjugal partner you sponsored, you as the sponsor can appeal to the Immigration Appeal Division. The IAD must receive your notice of appeal and the refusal within 30 days of you receiving the decision (IAD Rules r.16(a)).
  • Getting Your GCMS and Officer Notes After a Refusal — Since 29 July 2025 IRCC sends an officer's decision note with refusal letters for most temporary resident applications, and since 26 May 2026 for most permanent resident applications. Other notes in your file can be requested through access to information or privacy requests, which have a 30-day response period and a $5 application fee for access-to-information requests.
  • IRCC Procedural Fairness Letter: What It Is and How the Rules Work — A procedural fairness letter tells you the officer's concerns before a decision and gives you a reasonable opportunity to respond. The deadline and the way to reply are in the letter itself, and IRCC's published instruction does not set a standard period. If the letter raises misrepresentation, the outcome can include a five-year bar.
  • Work Permit Refused in Canada: What Happens Next — There is no appeal from a work permit refusal. IRCC's two stated options are to apply again with new information or to seek judicial review in the Federal Court, which has a 15-day deadline for decisions made in Canada and 60 days for decisions made outside it. If you were in Canada, your right to keep working usually ends on the day of the decision.