Canada Visa Application Rejection
Getting a visa refusal letter can feel like a major setback, but it doesn’t have to be the end of your Canadian dream. In this article, we are breaking down the Judicial Review process—a powerful way to challenge and appeal unfair visa refusals in Canada.
At Crest Attorneys, we have helped many clients successfully turn visa refusals into approvals. With our experience and support, we have guided people through this tricky process and helped them get back on track to achieving their goals in Canada. Do not give up—your dream is still within reach!
Oluwadamilola Asuni
In this article, all your questions regarding the appeal for rejecting the application have been answered. At the end of the article, by filling out the assesment form, the support team of Crest Attorneys will contact you.
Key Steps to Take When Faced with a Canada Visa Application Rejection
Judicial review is the process of applying to the court for the review of unfair or unreasonable visa rejection decisions by administrative decision-makers. In the immigration context, the decision makers whose decisions could be subject to judicial review include visa officers of the Immigration, Refugee, and Citizenship Canada; officers of the Canada Border Service Agency; members of the Immigration Appeal Division and Refugee Appeal Division etc. Nearly all immigration-related administrative decisions could be subject to judicial review.
Judicial Review: Challenging Unfair Immigration Decisions
The purpose of the judicial review is to upturn unfair and unreasonable refusal decisions. Crest Attorneys have successfully helped clients upturn unfair and unreasonable refusal decisions of immigration applications including study permit and work permit refusals so Crest Attorneys has the experience and expertise to also help you upturn unfair refusal decisions.
Overturning Unfair Canada Visa Application Rejection
If a visa officer or any administrative decision-maker has unreasonably or unfairly refused your immigration application, Crest Attorneys would be glad to help you engage in the judicial review process. Crest Attorneys has extensive experience in representing clients for judicial review of all types of immigration application decisions so Crest Attorneys will ensure to effectively represent your interest and protect your rights within the allowable limits of the law and the applicable ethical standards.
Crest Attorneys have successfully helped clients upturn unfair and unreasonable refusal decisions of immigration applications including study permit and work permit refusals.
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Judicial Review Process
In a judicial review, the party who institutes the judicial review is the applicant while the party representing the visa officer or administrative decision maker is the respondent. After a refusal decision, the applicant has 60 days to start the judicial review if the immigration application was submitted from outside Canada but the applicant has 15 days to start the judicial review if the immigration application was submitted from inside Canada. However, if the applicant is unable to start the judicial review within the prescribed time frame, it is still possible to start the judicial review outside the prescribed time frame if there is a reasonable explanation for the delay and if the explanation is acceptable to the court. Crest Attorneys has experience with helping clients apply for judicial review outside the prescribed time frame.
Crest Attorneys has experience with helping clients apply for judicial review outside the prescribed time frame.
Act quickly after a refusal letter—15 days to appeal if in Canada, 60 days if outside. Do not miss the deadline!
Judicial Review Process Diagram
1. You recieve rejection letter from IRCC
After receiving a rejection letter from IRCC, if you are inside Canada, you have a 15-day time limit for initiating the judicial review. If you are outside of Canada, the time limit is 60 days for pursuing this process.
2. Your case will be filed in federal court by lawyer
The first step in a judicial review is to file the Application for Leave and Judicial Review at the registry of the Federal Court.
3. IRCC sends the rejection reasons to the court.
The federal court registry will then request the reasons for the refusal from the decision maker and copies of the reasons will be provided to the applicant and the respondent
4. Your lawyer filed the Memo.
The applicant must submit their application record (which mainly consist of their memorandum of argument, affidavit, and the documents that were submitted in their application to the visa officer etc) to the court registry within 30 days of receiving the reasons for the refusal.
5. The IRCC lawyer may file a memo in response to your lawyer's memo
the respondent may either offer to settle the judicial review or present their own argument to the court. If the respondent offers to settle and if the applicant accepts the settlement offer, a notice of discontinuance will be filed at the registry of the court to discontinue the judicial review.
6. The judge makes a decision
If the respondent rather presents their argument to the court, then the parties have to wait for a Judge to review the arguments and decide whether to grant leave for the judicial review to commence.
Judge Desicion
Stage 7 and stage 8 are where the judge makes a decision about your application, determining whether it can proceed in the process or if your appeal will be dismissed
7. The judge grants permission to proceed with the appeal in the Federal Court
If leave is granted, a date for oral hearing will be fixed but the option to propose a settlement remains open to the respondent until the oral hearing is held. If an oral hearing is held, the parties have to wait for a decision to be made by the judge.
8 . The judge dismisses the case
the matter will not continue , but you can re-apply again
The timeline for the judicial review process for Canadian visa refusals can vary based on the complexity of the case and court schedules. Below is an outline of our successful case timelines
7. The judge grants permission to proceed with the appeal in the Federal Court
If the judge allows the case to enter the court, sets a time for the hearing: usually between 30 and 90 days after granting the leave.
8 . The judge dismisses the case
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9. Recive settelmnt letter
The settlement, in simple terms, means IRCC accepts its mistake, and the previous decision will be set aside.
between stage 2 to 8 it is possible to receive settlement letter from IRCC
What is a Hearing Session in Federal Court of Canada?
Most of the judicial review cases handled by Crest Attorneys are settled. However, if a judicial review case goes to oral hearing, Crest Attorneys will do its best to represent the client’s interest. If the judicial review is settled or if the oral hearing is successful and a favorable decision is issued by the judge, the decision maker will be required to reopen and redetermine the refused immigration application,
Our Most Recent Hearing Session Success :
Click Here for the Final Court Decision (IMM-11221-22)
Average Timeline for Judicial Review (Based on Recent Successful Cases)
The timeline for the judicial review process for Canadian visa refusals can vary based on the complexity of the case and court schedules. Below is an outline of our successful case timelines
File Number | Application Type | Start | End | Timeline |
IMM-15669-24 | Visitor Visa | 2024-08-22 | 2024-11-12 | 83 Days |
IMM-7114-24 | Visitor visa | 2024-04-19 | 2024-10-30 | 195 Days |
IMM-16855-24 | Student Visa | 2024-09-11 | 2024-11-12 | 63 Days |
IMM-16993-24 | Visitor Visa | 2024-09-16 | 2024-11-12 | 58 Days |
IMM-11116-24 | Student Visa | 2024-06-24 | 2024-09-27 | 96 Days |
IMM-8929-24 | Visitor Visa | 2024-05-23 | 2024-06-24 | 33 Days |
IMM-10963-24 | Student Visa | 2024-06-24 | 2024-08-27 | 65 Days |
IMM-10187-24 | Visitor Visa | 2024-06-11 | 2024-09-06 | 88 Days |
Settlement Letter
In the above judicial review process diagram, you may get a settlement letter between stages 2-8.
What is a settlement letter in simpler terms?
The IRCC provides you with the opportunity to have your application re-evaluated by different visa officers. During this review, they typically request additional documents, such as a letter of acceptance, bank statements, and client information.
Below is an image of a settlement letter, allowing you to see its contents and understand what is typically included in such a document.
In the below image, you can read three terms in the settlement letter :
1: The decisions will be set aside
2: The matters will be re-determined
3: The applicant will have the opportunity to make additional submissions
4: No costs to either party
What Comes Next After You Receive the Settlement Letter?
After receiving the settlement letter, your application will be sent to the IRCC for review by another officer. During this process, the officer may request additional documents, causing your application status to change from ‘refused’ to ‘action required
IRCC typically asks for the following documents for study permit applications:
- Letter of Acceptance (LOA) for
- Updated bank statement
- 6-month bank statement
- Updated client information
IRCC typically asks for the following documents for visitor visa applications: - updated client information
Below is sample of IRCC letter which sent to one of our client profile
Judicial Review Success Rate Canada :
The success rate of judicial reviews depends on several factors, including the complexity of the case, the reasons for rejection, and the legal arguments presented. While there is no fixed success rate for judicial reviews, at Crest Attorneys, we have achieved an 80% success rate based on our successful cases. Each case is unique, and we strive to provide the best possible outcome for our clients.
Follow-up Application in the Federal Court
Each application is assigned a unique file number. You can easily track your application on the Federal Court website by searching for this file number. The result, as shown in the picture below, provides all the details.
For more information about how to search for file numbers please read below article .
Answers to Your Questions
How does the involvement of a lawyer like Mr. Dami enhance the chances of success in a Judicial review?
Having Mr. Oluwadamilola Asuni ( Dami) , an expert in Judicial review, increases your chances of success. With a proven track record of handling hundreds of cases, his expertise and experience are invaluable assets to your case.
How long does the entire Judicial review process typically take from start to finish?
The judicial review process duration varies, but on average, our clients receive settlement letters within approximately 4 months, though this can differ based on individual circumstances.
What are the potential outcomes of a successful Judicial review for my visa application?
Our experience handling hundreds of judicial review cases demonstrates that after a successful Judicial Review, your chances of obtaining your visa significantly increase.
In what ways can Crest Attorneys provide ongoing support and guidance throughout the judicial review process?
At Crest Attorneys, we offer continuous support and guidance throughout the entire Judicial review process. We keep you informed with regular updates and provide assistance through various channels like WhatsApp and follow-up forms to ensure your peace of mind and confidence in our services.