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Federal Court Immigration Practice
The Federal Court of Canada is the forum where immigration decisions are tested against the rule of law. Our litigators bring deep procedural knowledge and persuasive advocacy to every stage of Federal Court proceedings.
Leave ApplicationsOral HearingsStay MotionsCertified QuestionsFederal Court of Appeal
Practising before the Federal Court with the discipline and depth that complex immigration litigation demands.
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Quick Answer
How does the Federal Court differ from other courts in immigration matters?
The Federal Court has exclusive jurisdiction over judicial reviews of immigration decisions under section 18.1 of the Federal Courts Act. Unlike provincial courts, it reviews the lawfulness of federal administrative decisions rather than hearing trials with witnesses. Immigration judicial reviews are governed by special rules under SOR/93-22, including a mandatory leave requirement and compressed timelines. The Federal Court sits in multiple locations across Canada.
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Your Legal Team
Lawyers and Regulated Canadian Immigration Consultants (CICC)
Work permits, permanent residence, sponsorship, refugee claims and appeals
LEAVE APPLICATION PROCESS
Obtaining Leave to Commence Judicial Review
The leave requirement under section 72(1) of IRPA is the gateway to Federal Court review of immigration decisions. The application for leave is determined by a single judge on the basis of the written materials alone, without an oral hearing or submissions from the respondent (unless the court directs otherwise). The test is whether the application discloses a fairly arguable case, a threshold lower than a full merits assessment but demanding enough to screen out frivolous applications.
Our firm has extensive experience drafting leave applications that clearly articulate the arguable error. A strong leave application identifies the precise issue (e.g., misapplication of a legal test, failure to consider material evidence, breach of procedural fairness), sets out the relevant statutory and jurisprudential framework, and demonstrates how the error arguably affected the outcome. We prepare the Notice of Application, supporting affidavit, and memorandum of argument as a cohesive package designed to meet the leave threshold.
Under the Federal Courts Citizenship, Immigration and Refugee Protection Rules, SOR/93-22, the applicant must perfect the application record within strict timelines. The applicant's record must be filed and served within 30 days of filing the notice of application, and the respondent has 30 days to file a response. The leave decision is typically rendered within several weeks of the record being complete, though processing times vary by judicial centre.
THE JUDICIAL REVIEW HEARING
Advocacy at the Oral Hearing
Once leave is granted, the matter proceeds to an oral hearing before a Federal Court judge. Immigration judicial review hearings are typically scheduled within three to six months of the leave decision, depending on the judicial centre. The hearing itself usually lasts between one and two hours, with the applicant's counsel presenting first, followed by the respondent (the Minister), and a brief reply. The hearing proceeds on the basis of the Certified Tribunal Record (CTR) and the parties' written submissions; no viva voce evidence is called.
Our litigators prepare meticulously for oral hearings. This includes a detailed analysis of the CTR, preparation of a concise and focused memorandum of argument, assembly of a targeted book of authorities, and anticipation of the judge's questions. We focus oral advocacy on the strongest grounds and ensure that every submission is tied directly to the evidence in the record and the applicable legal standard.
At the conclusion of the hearing, the judge may render a decision from the bench or reserve judgment. Written reasons typically follow within days to weeks. If the application is allowed, the usual remedy is to set aside the impugned decision and remit it for redetermination by a different decision-maker. The judge may also certify a question of general importance under section 74(d) of IRPA, which opens the door to an appeal to the Federal Court of Appeal.
APPEALS AND CERTIFIED QUESTIONS
The Path to the Federal Court of Appeal
Section 74(d) of IRPA provides that a judicial review decision may be appealed to the Federal Court of Appeal only if the Federal Court judge certifies a "serious question of general importance." This is a significant constraint: without a certified question, the Federal Court's decision is final. The question must transcend the interests of the immediate parties and have broad significance for immigration law, as established in Zazai v. Canada (Minister of Citizenship and Immigration), 2004 FCA 89.
Our lawyers identify potential certified questions early in the litigation process and include proposed questions in our written submissions. We draft questions that are precise, determinative of the appeal, and of genuine general importance. Successfully certified questions have addressed issues such as the proper interpretation of statutory provisions, the scope of procedural fairness obligations in specific contexts, and the application of the Vavilov framework to particular types of administrative decisions.
Beyond certified question appeals, the Federal Court of Appeal also hears appeals from Federal Court decisions under section 27 of the Federal Courts Act in non-IRPA matters, and we represent clients in these proceedings as well. Additionally, in exceptional circumstances, leave to appeal to the Supreme Court of Canada may be sought under section 40 of the Supreme Court Act, R.S.C. 1985, c. S-26, where the case raises an issue of national importance.
CASE SPOTLIGHT
Recent Victory: Mîra v. Canada
Mîra v. Canada (Citizenship and Immigration), 2026 FC 603 In this Federal Court judicial review, Jia Junaid of Lexaltico LLP successfully challenged the Refugee Appeal Division’s decision to exclude the applicants from refugee protection under Article 1F(b) of the Refugee Convention.
Justice McHaffie found the RAD’s decision unreasonable on two grounds: the RAD improperly excluded new evidence about corruption within Romania’s National Anticorruption Directorate (DNA), and the RAD’s exclusion analysis relied on foreign convictions without meaningfully grappling with the applicants’ credible evidence that the charges were politically fabricated.
The application for judicial review was allowed. The Federal Court set aside the decision and remitted the appeal to a differently constituted panel, which is the relief sought on judicial review: the exclusion finding no longer stands and the appeal is heard afresh.
Article 1F(b) exclusions are hard to displace, and harder still where the conviction comes from a European Union member state with a functioning court system. The argument required persuading the Court that evidence of corruption inside the prosecuting authority was relevant and had been wrongly shut out, and that a conviction from such a state could not simply be taken at face value.
What made the exclusion unusual. The Minister raised Article 1F(b) in 2020 and then withdrew that intervention in October 2023 after reviewing the evidence. The Refugee Protection Division found our client generally credible and not excluded. The Refugee Appeal Division then raised exclusion on its own motion and excluded her, without the Minister intervening. The finding under review was one the Minister had already abandoned.
On the exclusion itself, the Division reasoned that a conviction from Romania could be relied on because it is a country where the rule of law prevails, citing Arevalo Pineda for that proposition but not the passages of the same decision requiring an objective assessment of the claimant’s own evidence and satisfaction that the issuing authority itself respects the rule of law. The Court held that reliance on authority stripped of its qualifying context does not meet the standard, and observed that no assessment of the issuing authority was ever carried out. Read the full decision on CanLII.
This result demonstrates Lexaltico’s commitment to thorough preparation, evidence-driven advocacy, and holding administrative decision-makers to the standard of reasonableness the law requires.
Key Details
CaseMîra v. Canada
Citation2026 FC 603
CourtFederal Court of Canada
JudgeJustice McHaffie
CounselJia Junaid, Lexaltico LLP
ResultJudicial review allowed, exclusion set aside
How does the Federal Court differ from other courts in immigration matters?
The Federal Court has exclusive jurisdiction over judicial reviews of immigration decisions under section 18.1 of the Federal Courts Act. Unlike provincial courts, it reviews the lawfulness of federal administrative decisions rather than hearing trials with witnesses. Immigration judicial reviews are governed by special rules under SOR/93-22, including a mandatory leave requirement and compressed timelines. The Federal Court sits in multiple locations across Canada.
What is the Certified Tribunal Record (CTR)?
The CTR is the complete record of the administrative proceeding being reviewed, compiled and certified by the tribunal or decision-maker. It includes all documents that were before the decision-maker, any transcript of proceedings, and the decision and reasons. The CTR forms the evidentiary foundation for the judicial review. The tribunal must file the CTR with the court within the timeline prescribed by the Federal Courts Rules.
Can I represent myself in Federal Court?
Yes, individuals may represent themselves (self-represented litigants) in Federal Court. However, immigration judicial review involves complex procedural rules, strict deadlines, and specialized legal arguments. The leave threshold, while lower than the merits, still requires persuasive legal submissions. Self-represented litigants are held to the same procedural standards as represented parties. We strongly recommend retaining experienced counsel for Federal Court proceedings.
What are the filing fees for a Federal Court judicial review?
The Federal Court charges a filing fee for applications for leave and judicial review. Individuals who cannot afford the fee may apply for a fee waiver by filing an affidavit demonstrating financial hardship. Our firm assists clients with fee waiver applications where appropriate. Additional costs include disbursements for certified copies, courier fees, and photocopying of the application record.
How long does the entire judicial review process take?
From filing to final decision, the process typically takes six to twelve months. The leave stage usually takes two to four months from the filing of the complete record. If leave is granted, the oral hearing is typically scheduled within three to six months. Some matters proceed more quickly if urgent, and stay motions are heard on an expedited basis. Delays may occur depending on the judicial centre and the court's docket.
What is a certified question and why does it matter?
A certified question is a question of general importance that the Federal Court judge may certify under section 74(d) of IRPA. It is the only mechanism for appealing a Federal Court immigration judicial review decision to the Federal Court of Appeal. Without a certified question, the Federal Court's decision is final. The question must be dispositive of the appeal and have significance beyond the individual case.
Can the Federal Court award costs in immigration judicial reviews?
Costs awards in immigration judicial reviews are discretionary and relatively uncommon. The Federal Court may award costs where a party has engaged in unreasonable conduct, where the matter raises an issue of public importance, or in other special circumstances. Under Rule 22 of the Federal Courts Citizenship, Immigration and Refugee Protection Rules, the court may fix a lump sum for costs. Our lawyers advise on costs implications at the outset of each case.
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Representative Outcomes
Cases We Have Handled
Immigration · 2026
Refugee exclusion set aside on judicial review
Mîra v Canada (Citizenship and Immigration), 2026 FC 603Federal Court · Mr. Justice McHaffie · 6 May 2026 · Docket IMM-21730-24 Our client is a Romanian expert accountant. She says she was prosecuted and convicted in her absence on corruption charges after…
Mîra v Canada (Citizenship and Immigration), 2026 FC 603 Federal Court · Mr. Justice McHaffie · 6 May 2026 · Docket IMM-21730-24
Our client is a Romanian expert accountant. She says she was prosecuted and convicted in her absence on corruption charges after refusing to alter her expert reports to suit prosecutors at Romania’s National Anticorruption Directorate. She and her partner claimed refugee protection in Canada in 2018.
How the exclusion arose
The Minister raised exclusion under Article 1F(b) in 2020, then withdrew that intervention in October 2023 after reviewing the evidence. The Refugee Protection Division went on to find our client generally credible and not excluded.
On appeal the Refugee Appeal Division raised exclusion on its own motion, gave notice, and excluded her. The Minister did not intervene. So the finding under review was one the Minister had already abandoned.
What the Court held
The application for judicial review was allowed and the decision set aside for both applicants, on two grounds.
The new evidence. The Division refused fresh evidence of corruption inside the prosecuting authority as irrelevant. The Court found it had mischaracterised the argument and had not engaged with the material at all, which included reporting that linked the prosecutor in our client’s case to indicted officials said to hold influence over prosecutors.
The exclusion finding. The Division reasoned that because Romania is a country where the rule of law prevails, a charge and conviction could be relied on. It cited Arevalo Pineda for that, but not the passages of the same decision requiring an objective assessment of all the claimant’s evidence and satisfaction that the issuing authority itself respects the rule of law. The Court held that reliance on jurisprudence stripped of its qualifying context does not meet the standard, and noted that no assessment of the issuing authority was ever carried out.
On the authority of Qazi, where a claimant alleges the charges are fabricated and has been found credible, the existence of a warrant alone is not enough. The Division had to go further and did not.
Why it was hard
Displacing an Article 1F(b) exclusion is difficult, and considerably harder when the conviction comes from a European Union member state. The presumption that a charge from such a state can be taken at face value is precisely what had to be dislodged, and it was dislodged on the record rather than on assertion.
Outcome
Judicial review allowed. The decision was set aside for both applicants and the appeal remitted to a differently constituted panel. That is the relief sought on a judicial review: the exclusion finding no longer stands and the appeal is heard again before a fresh panel.
“I had the absolute pleasure of working separately with two lawyers from Lexaltico — Pooja Lassi and Matthew Ram — on different matters. The level of professionalism, expertise, and care demonstrated by each of them was consistently exceptional. They do not simply service your needs — they take the time to thoroughly understand your situation and proactively problem-solve.”
SJR
★★★★★
“I had the absolute pleasure of working separately with two lawyers from Lexaltico — Pooja Lassi and Matthew Ram — on different matters. The level of professionalism, expertise, and care demonstrated by each of them was consistently exceptional. They do not simply service your needs — they take the time to thoroughly understand your situation and proactively problem-solve.”
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Law Society of Ontario
Lexaltico LLP is regulated by the Law Society of Ontario under the
Law Society Act, R.S.O. 1990, c. L.8. All lawyers practising in
Ontario through the firm are members in good standing.
Law Society of Alberta
Alberta matters are handled by lawyers licensed with, and in good standing with, the
Law Society of Alberta. A lawyer licensed in Ontario is not thereby licensed in
Alberta, and the reverse is also true.
Immigration regulation
Immigration consulting is provided by Regulated Canadian Immigration Consultants
in good standing with the College of Immigration and Citizenship Consultants under the
College of Immigration and Citizenship Consultants Act, S.C. 2019, c. 29,
s. 292.
Lawyers, paralegals and consultants
Not everyone at the firm is a lawyer.
Licensed paralegals in Ontario may act only within the scope the Law Society
permits, which does not include most family, estate or criminal matters.
Immigration consultants are regulated by the College, not by a law society,
and are not lawyers.
Law clerks and managers support files but do not give legal advice.
Each page and biography states which applies. Ask at the outset who will handle your matter and
under which licence.
Languages
We serve clients in thirteen languages. Every page of this website is written and published in
English. Where anything is provided in another language, the English
version governs in the event of a difference. If you need an interpreter, tell us when
you book and we will arrange one.
Fees
The initial assessment
The complimentary 15 minute initial assessment is a brief introductory
conversation. It does not include a review of your documents and does not constitute
legal advice.
The firm charges a fee for substantive consultations, including in civil litigation,
criminal defence and immigration matters. The firm may waive that fee at its discretion.
Any fee is disclosed in advance and credited in full toward your account if you retain the
firm.
Referral fees
Where we refer a matter to another firm, including through LexKonnect, we comply with Rule 3.6-6.1 of the Law Society of Ontario’s Rules of Professional Conduct. Any referral fee is set out in the Law Society’s standard referral agreement, signed by you before the referral proceeds, and no fee is payable to us unless and until the receiving firm has been paid for its work. You are never obliged to accept a referral and are free to retain any firm you choose. No referral arrangement affects the independent professional judgment of any lawyer at this firm.
What is published on this site
Calculators and estimators
They produce estimates from what you type and cannot know the rest. They do not
account for the terms of your contract, statutory exceptions, or the discretion a court will
apply. Do not make a decision on a number produced by a calculator.
Past results
Any outcome described happened on its own facts, before its own decision maker,
under the law as it stood at the time. Past results do not predict or guarantee the result of any
other case.
Reviews and testimonials
Reviews shown here are written by third parties and published on platforms we do not control. Each
describes one person’s experience of one matter. They are not a promise, a
prediction or a guarantee about any other matter.
Links to other websites
This site links to regulators, courts, government sources, professional associations and social
platforms, all operated by others. We do not control them, we are not responsible for
their content or accuracy, and a link is not an endorsement.
Other notices
Limitation periods
Failure to start a proceeding within the applicable limitation period may permanently bar
your claim. In Ontario the general period is two years from discovery
under the Limitations Act, 2002, S.O. 2002, c. 24, Sched. B.
Shorter periods apply to many claims. Seek advice promptly. Nothing on this website extends a
limitation period.
Accessibility
We aim to meet the Accessibility for Ontarians with Disabilities Act
and WCAG 2.1 Level AA. If any part of this site prevents you from reaching us, telephone
+1 416 333 6200 or write to
hello@lexaltico.com and we will provide the information
in another format, at no charge.
