Judicial Review and Immigration Appeals – Federal Court, IAD & RAD

Judicial Review and Appeals in Canadian Immigration Files

Not all refused immigration decisions have a right to "appeal." It is necessary to identify the correct legal mechanism: Judicial Review at the Federal Court, an appeal at the Immigration Appeal Division (IAD), or the Refugee Appeal Division (RAD).

Judicial Review at the Federal Court

A judicial review is not a reconsideration of a file from scratch. The Court examines whether the decision was legal, reasonable, and ensured procedural fairness. If the judicial review is successful, the Court typically sets aside the decision and returns the file to the competent authority for redetermination; the Court does not issue visas, permits, or permanent resident status itself.

• The deadline for filing an Application for Leave and Judicial Review under IRPA s.72 is generally 15 days for matters arising within Canada and 60 days for matters arising outside Canada.
• You must first seek leave of the Court. If the leave application is denied, the judicial review process ends.
• If the Court grants leave, the matter proceeds to a judicial review hearing.

Federal Court Update 2026

Effective June 26, 2026, a Special Order of the Federal Court extends the deadline for the applicant to file their Record in immigration proceedings from 45 to 90 days. This is a special measure in the context of a record-breaking increase in immigration cases at the Federal Court.

IRCC currently sends officer decision notes along with refusal letters for most temporary residence files and, as of May 26, 2026, most permanent residence files. However, when filing for judicial review, the Federal Court advises that you should still indicate if you have not received full reasons for the decision so that the Court may request the full decision reasons under Rule 9.

Immigration Appeal Division (IAD)

The IAD handles certain appeal rights stipulated by the IRPA, including some refused sponsorship applications, removal orders, and residency obligation issues. Not every applicant has the right to appeal to the IAD.

Refugee Appeal Division (RAD)

The RAD reviews decisions of the Refugee Protection Division (RPD) where allowed by law. Not every RPD decision has the right to an appeal at the RAD.

• For protected persons eligible to appeal, a Notice of Appeal must usually be filed within 15 days of receiving the RPD's written reasons for the decision.
• The appellant’s record must usually be filed within 45 days of receiving the written reasons for the decision.
• The RAD may confirm the RPD's decision, set it aside and substitute it with a RAD decision, or return the file to the RPD for redetermination.
• The RAD typically decides based on the paper record; an oral hearing is only held in circumstances permitted by law.

How does KeyApply support you?

KeyApply assists with file collection, document coordination, and connecting clients with appropriate licensed lawyers/representatives. Legal advice and representation at the Federal Court are handled by qualified lawyers.

Note: Federal Court and appeal proceedings have very tight deadlines. Clients should have their cases assessed immediately upon receiving a decision.

Immigration Event and Live Stream Schedule

Guidance Sources

• Federal Court – Notices and guides
• IRB – Starting a RAD appeal
• IRB – RAD appeal record and deadlines