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Judicial Review
To cancel your visa refusal, you must challenge the visa officer’s decision by appealing to the Federal Court of Canada and arguing that the visa officer did not assess your application correctly. This process is called “Judicial Review”. If successful, your application will be re-opened and processed by a different visa officer, with specific instructions not to refuse the application for the same reasons – this is called “re-determination”.
You should always seek assistance from an immigration lawyer, as this appeal process is complex with strict deadlines.
What You Need To Know
Deadlines
You have 60 days to start to the Judicial Review process for applications made outside Canada.
You have 15 days to start to the Judicial Review process for applications made inside Canada.
Preparation
You cannot provide new documents or information during the Judicial Review process. You must rely on the materials provided in your application.
Advice
Judicial Review cases can be tough to win and are only reserved to for strong applications that have been unjustly refused.
If there are any flaws in your application, then re-application will likely be the better option.
How Long
It depends on how far you get into the appeal process and if an early resolution can be reached. Timeline can range between 2 - 8 months.
