How does judicial review at the Federal Court work after a Canada visa refusal?
What it is. You ask the Federal Court of Canada to rule that the refusal was unreasonable or procedurally unfair. This is a legal challenge, not a re-argument of your application, and it runs in two stages. First you file an Application for Leave, which is the Court's permission to proceed. Only if leave is granted does the case go to a judicial review hearing.
Deadlines. File the application for leave within 15 days if the decision was made inside Canada, or within 60 days if it was made outside Canada (Immigration and Refugee Protection Act, section 72). As of May 14, 2025, you then have 75 days, up from 30, to perfect the application by filing your full record. The 15 and 60-day filing windows did not change. Miss them and you have to ask the Court for an extension, which is never guaranteed.
How long. A judge decides leave on paper over several months. If leave is granted, the Court sets a hearing, usually within about 90 days. Start to finish, plan on roughly 6 to 18 months. If leave is refused, the matter ends there, with no right of appeal.
What you actually win. A successful judicial review does not grant you the visa. The Court sends your file back to IRCC to be decided again by a different officer. It removes the flawed decision. It does not replace it with an approval.
Best when: the GCMS notes reveal a genuine legal error or unfair process, not just a decision you disagree with, and you are inside the 15 or 60-day window. Because this is a court proceeding, it almost always needs a lawyer. Watch one timing trap: a reconsideration request does not pause the 15-day clock. If your refusal might be worth challenging in court, you often have to file the leave application within the deadline while you pursue reconsideration, or you lose that option for good.
When should you reapply after a Canada visa refusal?
What it is. A brand-new application that directly addresses the reason you were refused, with new or stronger evidence. Reapplying is the most common route for refused applicants. Unlike reconsideration or judicial review, which challenge the decision itself, a new application lets you fix the underlying weakness, whether that is thin ties to your home country, unexplained finances, or missing documents. IRCC confirms that if your situation has changed or you have new documents that address the refusal reasons, you can reapply at any time.
Deadline. None. IRCC imposes no waiting period, so you can reapply right away. Do not resubmit the same file, though. IRCC's own guidance is clear that reapplying without addressing the refusal reasons will likely produce the same result.
How long. The standard processing time for that application type.
Best when: the refusal reflects a real, fixable weakness rather than an officer error, such as thin home-country ties, insufficient or unexplained funds, a vague purpose of travel, or missing documents. For most refused applicants this is the most practical route. The work is in genuinely strengthening the file with better proof of ties, a clearer financial picture, and a stronger statement of purpose. Guidance matters here too. A consultant's job is to read the refusal honestly, tell you what was actually weak, and help you build a submission that answers it instead of repeating it.
