What the Federal Court does
The Federal Court judicially reviews decisions of federal boards and tribunals — immigration refusals and Immigration and Refugee Board decisions above all (with leave required in immigration matters, and clocks of 15 days for decisions made inside Canada and 60 days for those made outside), but also decisions of federal agencies from the Parole Board to the CRA's administrative side. It hears intellectual-property litigation (patents, trademarks, copyright), admiralty and maritime matters, national-security and access-to-information proceedings, and actions against the federal Crown. Judicial review asks a narrow question — was the decision reasonable and fairly made — not whether the judge would have decided differently; a win usually sends the matter back for redetermination rather than substituting the answer. Appeals go to the Federal Court of Appeal, and from there, by leave, to the Supreme Court of Canada.
What it hears
- Judicial review of immigration and refugee decisions — with leave, on 15/60-day clocks
- Judicial review of other federal boards, commissions and tribunals
- Intellectual property — patent, trademark and copyright litigation
- Admiralty and maritime law
- Actions by and against the federal Crown
- Stay motions — including stays of removal in immigration matters
Before your first court date
In immigration matters the clock is the case — 15 days (inside Canada) or 60 days (outside) from the decision to file the leave application, with the supporting record and memorandum on their own downstream deadlines. Get the refusal's reasons (request notes where the letter is thin — the officer's notes are the real decision), and have the reasonableness question professionally assessed fast. If removal is imminent, the stay motion runs alongside on its own urgent test. Outside immigration, judicial reviews of federal decisions generally run on a 30-day clock — the same discipline applies.
What happens at your first appearance
Most Federal Court matters have no early in-person date — leave in immigration files is decided on paper, and proceedings are managed in writing and by videoconference from registries across the country. Where hearings occur they are argument on the record — no witnesses in judicial review — before a single judge, time-limited and technical. The Court's national structure means your matter proceeds from wherever you are; the registry named on your originating document is the operational address.
What to prepare
- The decision under review, with the complete reasons and officer's notes
- The clock — 15/60 days (immigration) or 30 days (most other federal JR), calendared from the decision
- The record that was before the decision-maker — judicial review is argued on it
- The memorandum of argument — reasonableness and fairness, not a fresh merits plea
- For imminent removal — the stay motion's three-part test, prepared urgently
When to get legal advice
This page is general legal information, not legal advice. Federal Court practice is technical and unforgiving on time — and in immigration matters only lawyers (and Quebec notaries) may represent you here, not consultants. Legal Hotline's free line explains the routes and clocks any hour on 1-855-529-1555 — and a one-hour consultation with a Canadian lawyer (C$295, the total, nothing added) can be booked right on the call, best used the week the refusal arrives.
Where it is
The Federal Court is a national, itinerant court — headquartered in Ottawa with registries and hearing facilities in Toronto, Montreal, Vancouver and other major centres, and proceedings routinely conducted by videoconference. The registry on your filed documents is the one that matters.
Frequently asked questions
My visa or PR application was refused. Is Federal Court my only option?
It is one of several, and rarely the first to check. Depending on the stream there may be an appeal to the Immigration Appeal Division (sponsorships), a Refugee Appeal Division route, reconsideration requests, or simply a stronger fresh application. Judicial review is the route when no better one exists — with leave required and the 15/60-day clock running from the refusal. Mapping the routes against your specific refusal is exactly the first professional conversation to have.
What does winning a judicial review actually get me?
Usually a redetermination — the Court quashes the unreasonable or unfair decision and sends the file back to be decided again, by a different officer, lawfully. It does not normally grant the visa itself. That is still a real win — redeterminations succeed regularly, especially with the Court's reasons framing the file — but expectations should be set to process, not outcome.
Can my immigration consultant represent me in Federal Court?
No. Licensed consultants may represent you in applications and before the Immigration and Refugee Board, but Federal Court representation is limited to lawyers (and Quebec notaries). If your matter is heading to judicial review, a lawyer joins the file — and given the leave threshold and deadlines, the earlier the better.
How do I stop a removal while my case is being decided?
A stay motion in the Federal Court — argued urgently on the three-part test of a serious issue, irreparable harm, and balance of convenience — usually alongside a pending judicial review, sometimes on days' notice. Deferral requests to the removals officer run in parallel. This is the most time-critical corner of the Court's work; if a removal date exists, treat every day as material and get counsel engaged immediately.