Why Most Canadian Immigration Applicants Don’t Challenge Refusals at Federal Court
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When an immigration application is refused in Canada, applicants technically have recourse: they can apply for judicial review before the Federal Court of Canada. Yet in practice, very few take this path. The reasons are multifaceted, involving both systemic and personal factors that make Federal Court challenges an uphill battle for most.
High Cost of Legal Representation
Pursuing a judicial review requires specialized legal counsel. Immigration lawyers who litigate before the Federal Court often charge thousands of dollars in legal fees. These costs are simply out of reach for many temporary foreign workers, students, refugees, or low-income applicants. While legal aid may be available in some provinces, it is typically limited and not guaranteed.
Strict Deadlines and Procedural Barriers
The time to act is limited: applicants usually have only 15 to 60 days (depending on where the decision was made) to file for leave (permission) to have their case reviewed. This tight timeline, combined with the procedural complexity of judicial review, discourages many from even trying—especially those without legal representation.
No Automatic Right to a Hearing
Unlike an appeal, a judicial review is not a full rehearing of the case. The Federal Court does not reassess evidence or substitute its decision for that of the immigration officer. Instead, it assesses whether the decision was made reasonably and in accordance with the law. Moreover, the Court must first grant leave, and many leave applications are denied without reasons.
This makes the odds of success uncertain—and discouraging.
Emotional and Practical Fatigue
Many applicants, especially those who have waited months or years for a decision, are emotionally drained by the time a refusal arrives. For international students, temporary workers, or families hoping to reunite, a rejection often means starting over. The prospect of fighting the system—without knowing if it will pay off—can feel overwhelming.
Alternative Options May Be Easier
In many cases, it may be easier for applicants to reapply, submit a corrected or stronger application, or pursue a different immigration stream altogether. Especially for temporary resident visas (visitor, student, work), reapplying can be faster and less expensive than going through Federal Court.
Misconceptions About Legal Rights
Some applicants mistakenly believe they have no legal recourse after a refusal. Others rely on unofficial sources or social media advice, which can be incomplete or misleading. The lack of accessible legal information—especially in languages other than English or French—further limits the number of people who seek judicial review.
Conclusion: While the Federal Court remains a critical check on immigration decision-making, the barriers—financial, procedural, and emotional—make it an option few applicants pursue. This highlights the need for greater access to legal aid, more transparent decision-making from IRCC, and more public awareness of applicant rights.
For many, the better option is to seek professional advice early and strengthen their application before submitting it. Preventing a refusal is almost always more effective than fighting one afterward.