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

Judicial Review and Appeals in Canadian Immigration Files

Not every refused immigration decision has 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

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 a judicial review is successful, the Court typically sets aside the decision and returns the file to the competent authority for re-examination; the Court does not issue visas, permits, or permanent residence status itself.

• The deadline for filing an Application for Leave and for judicial review under IRPA s.72 is generally 15 days for matters arising in Canada and 60 days for matters arising outside Canada.
• One must first obtain leave from the Court. If the leave application is denied, the judicial review concludes.
• If leave is granted, the case proceeds to a judicial review hearing.

Federal Court Update 2026

As of June 26, 2026, a Special Order from the Federal Court has extended the deadline for filing the Applicant's Record in immigration proceedings from 45 to 90 days. This is a special measure implemented in light of the record-breaking number of immigration files at the Federal Court.

IRCC now sends officer decision notes along with refusal letters for most temporary residence applications and, since May 26, 2026, for most permanent residence applications. 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 complete 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 all applicants have a right to appeal at the IAD.

Refugee Appeal Division (RAD)

The RAD reviews decisions of the Refugee Protection Division (RPD) when permitted by law. Not every RPD decision has a right to appeal at the RAD.

• For protected person claimants eligible to appeal, the Notice of Appeal must generally be filed within 15 days of receiving the written reasons for the RPD decision.
• The Appellant's Record must generally be filed within 45 days of receiving the written reasons for the decision.
• The RAD may uphold the RPD's decision, set it aside and replace it with its own decision, or return the file to the RPD for re-examination.
• The RAD typically makes decisions based on the paper record; an oral hearing is only held in circumstances permitted by law.

How does KeyApply assist?

KeyApply assists with gathering files, coordinating documents, 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 be evaluated immediately upon receiving a decision.

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