If an application regarding work permits, study permits, visitor visas and certain spousal cases, Canada Experience Class or Federal Skilled Worker applications etc. is rejected, a decision can be taken through a judicial review to look over the stance of the Immigration Officers. There are specific time restraints for when a review can be applied for.

A review by the Federal Court is a 2-stage process:

  • Leave stage- The Court reviews the documents about the case
  • Judicial review stage- An oral hearing before the Court to explain why one believes the original decision was wrong

If the Court agrees with the Immigration and Refugee Board’s (IRB) original decision the individual will have to leave Canada according to it. If the Court returns the case to the IRB, it will be reconsidered but does not mean the original decision will be reversed.