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Your judicial review was granted or settled: what redetermination means and what to send

By Sundeep S. Grewal, lawyer at Lawgical Law Corporation · Reviewed November 9, 2026

Published

Sundeep S. Grewal is a lawyer at Lawgical Law Corporation, called to the BC bar in 2018, and a member of the Law Society of British Columbia.

Updated November 9, 2026: Federal Courts Act s. 18.1, IRPA s. 72, the Federal Courts Rules and the court decisions cited were checked that day on Justice Laws and the Federal Court’s decisions site.

What it means: a granted or settled judicial review cancels the refusal and sends your application back to IRCC for a new decision, usually by a different officer. It is not an approval.

What to do: send updated documents that answer every reason in the old refusal, even if IRCC doesn’t ask. In one 2025 case the new officer refused again and the court noted that nothing new had been sent after the settlement.

If refused again: the new refusal is a new decision, with a new 15-day (in Canada) or 60-day (outside Canada) deadline for another judicial review (IRPA s. 72(2)(b)).

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The lawyers who handle these files

Sundeep S. Grewal, Barrister and SolicitorSundeep S. GrewalBarrister and SolicitorPrabhpreet Kaur Sangha, Barrister and SolicitorPrabhpreet Kaur SanghaBarrister and SolicitorPardeep S. Grewal, Barrister and SolicitorPardeep S. GrewalBarrister and Solicitor
About our lawyers

Sundeep S. Grewal founded Lawgical Law Corporation and argues immigration cases at the Immigration and Refugee Board and the Federal Court of Canada.

Prabhpreet Kaur Sangha focuses on refugee claims, immigration appeals, inadmissibility, detention reviews and Federal Court cases, and has presented at Continuing Legal Education seminars and the National Immigration Conference.

Pardeep S. Grewal is an immigration and estates lawyer known for clear communication and practical strategy.

If the Federal Court granted your judicial review, or the government agreed to settle it, your refusal has been cancelled and the file goes back to IRCC to be decided again. That new decision is called a redetermination. It is usually made by a different officer, who can approve or refuse. The court almost never tells the officer to approve. What decides the second outcome is what is in the file when the new officer opens it, so this is the time to send updated evidence. This guide covers the steps after a win or settlement, what to send, how long it can take, and what to do if you are refused again.

Lawgical Law Corporation, an immigration law firm in Surrey, Abbotsford and Vancouver, BC, takes immigration refusals to the Federal Court and prepares the updated submissions for the redetermination that follows.

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What does redetermination mean after a judicial review?

Redetermination means IRCC decides your application again, from the start, after the refusal has been set aside. The Federal Court can “set aside and refer back for determination in accordance with such directions as it considers to be appropriate” (Federal Courts Act, s. 18.1(3)(b)). In immigration cases the usual direction is a new decision by a different officer.

The Federal Court of Appeal has explained what binds the new officer in Canada (Citizenship and Immigration) v. Yansane, 2017 FCA 48 (French version read):

  • Directions in the judgment bind. Only directions written into the judgment itself (the formal order) are binding; comments in the reasons should be considered but don’t have to be followed (para 19).
  • The court’s findings must be taken into account. An officer who gets the file back must always take the court’s decision into account, unless new facts justify a different analysis (para 25).
  • A directed result is rare. Ordering a particular outcome is a power the court uses only in the clearest cases (para 17).

So a judgment that says only “remitted for redetermination by a different officer” leaves the new officer free to decide either way, but not free to repeat the error the court found.

Is a settlement different from winning in court?

The end result is usually the same: the refusal is cancelled and the file is decided again. The difference is how you get there. In a settlement, the government agrees, before the court rules, to have the application redetermined, and you then end the court case, usually by filing a notice of discontinuance. In a judgment, a judge sets the refusal aside after a hearing.

Settlement and judgment compared
Settlement (consent) Judgment after a hearing
When Any time after filing; often after the applicant’s record is filed or after leave is granted After leave is granted and the hearing is held (30 to 90 days after leave, IRPA s. 74(b))
How the court case ends Notice of discontinuance (Federal Courts Rules, r. 165), or a judgment on consent Written judgment and reasons
Terms for the redetermination Whatever the written settlement says: for example a different officer and a chance to send updated documents. Get it in writing before you discontinue. Whatever the judgment says: usually a different officer; sometimes leave to file updated documents
Court’s reasons None; the new officer has no court findings to follow Yes; the new officer must take the court’s findings into account (Yansane, para 25)
Costs Usually none None unless the court finds “special reasons” (Rule 22)

Two recent judgments show what the court’s terms can look like. In Farajollahi, 2026 FC 390, a visitor visa case, the matter went to a different officer and the applicants could submit additional documents. In Wasal, 2026 FC 322, a work permit case, the applicant was to get a reasonable opportunity to update her application.

What happens after a judicial review is granted or settled?

The refusal is cancelled, the file goes back to IRCC, a new officer is assigned, you send (or are invited to send) updated documents, and a new decision is made. Each step below is what the court’s judgments and the cases show; IRCC does not publish a step-by-step procedure or service standard for redeterminations.

Redetermination: the usual sequence
Step What happens Source
1. Settlement or judgment The government agrees to redetermination and you discontinue, or the court sets the refusal aside Federal Courts Rules r. 165; Federal Courts Act s. 18.1(3)(b)
2. File returned to IRCC The original refusal no longer stands. The file is reopened at the office that decided it Judgment or settlement terms
3. New officer A different officer is assigned, where the judgment or settlement says so (the usual term) e.g. Oga-Palmer, 2025 FC 1685, para 3
4. Updated documents You send updated documents and submissions, or IRCC asks for them. In one recent case the officer gave 30 days to provide updated documentation Ghajarzadeh, 2025 FC 1598 (officer’s notes)
5. Medicals, biometrics, passport If anything has expired, the officer may ask for new medicals, police certificates or a passport request Practice
6. New decision Approval, or a new refusal with new reasons n/a
7. If refused again A new application for leave, within 15 days (decision made in Canada) or 60 days (outside Canada) IRPA s. 72(2)(b)

What should I send for the redetermination?

Send a short cover letter that lists every reason in the old refusal and answers each one with a document, plus updates on anything that has changed or expired. Don’t assume the new officer will read the court’s reasons or remember what was argued. If the settlement or judgment allows updated documents, use the chance even if IRCC never writes to ask.

The risk of sending nothing is real. In Oga-Palmer v. Canada (Citizenship and Immigration), 2025 FC 1685, a study permit refusal was settled and a different officer redetermined it, and the settlement gave the applicant the chance to submit updated evidence (para 13). The court noted that the certified record “does not contain any further submissions in response to the settlement” (para 14). The second officer refused again over funds and whether she would leave Canada. She won a second judicial review, but only after a second round in court.

Checklist: what to include in the redetermination package
  • Cover letter naming the file number, the court file number (IMM-…), the date of the settlement or judgment and its terms (different officer, updated documents).
  • The court’s findings, if there was a judgment: quote the paragraphs where the court found the error, so the new officer can’t miss them (Yansane, para 25).
  • A point-by-point answer to each reason in the old refusal, with the document that answers it.
  • Updated finances: recent bank statements, loan disbursement letters, sponsor’s proof of income and relationship.
  • Updated ties: current employment letter, leave approval, property records, family and care responsibilities, travel history since the first application.
  • Updated purpose: for study permits, a new acceptance letter or deferral letter and a current study plan; for work permits, a current job offer or LMIA status; for visits, current dates and invitation.
  • Expired items: passport validity, medical results, police certificates, language tests, as they apply.
  • Anything new that strengthens the application, with a sentence explaining why it matters.

Study permit applicants should check whether the original program start date has passed. In Ghajarzadeh, 2025 FC 1598, the applicant was given 30 days on redetermination to send updated documents, and sent a study plan and an employer letter about a promotion. The new officer still refused, without dealing with the salary increase tied to the program; the court set that second refusal aside as well.

How long does a redetermination take?

IRCC does not publish a processing time for redeterminations, and it varies by office and application type. None of the judgments cited on this page set a date for the new decision. In rare cases I have seen the court direct that the redetermination be done within a set time. If a redetermination sits with no decision for a long time, the same tools as any delayed file apply: follow-ups, then, where the delay is unreasonable, an application for a writ of mandamus.

Practical steps while you wait:

  • Keep a dated record of every follow-up and IRCC reply.
  • Watch for a request letter in your IRCC account, and meet its deadline.
  • If the delay becomes long and unexplained, read our guide to a writ of mandamus for IRCC delays, which explains when the Federal Court can order IRCC to decide and what it costs.

In our files, how long a redetermination takes depends on the type of application and the office, and it can take up to about six months. That is experience, not a promise.

What if the redetermination is refused again?

A second refusal is a new decision that you can challenge in the Federal Court with a new application for leave, within 15 days for a decision made in Canada or 60 days for one made outside Canada. Your chances depend on the new reasons: whether the new officer repeated the error, ignored the court’s findings or failed to deal with the new evidence.

  • Repeated error: in Ghajarzadeh, the second officer again failed to engage with the employer letter, and the court called the decision arbitrary (paras 16 to 18).
  • Hidden doubts: in Oga-Palmer, the second refusal hinted that the officer doubted the applicant was really her uncle’s niece, without saying so, and that may have coloured the funds analysis (para 11).
  • A new, sound reason: a second refusal for a reason that is properly explained and supported by the file can be reasonable, even after an earlier win. Read the new reasons before deciding.
  • Reapplying: a new application is always open as well, and for some people it is faster than a second court case.

Our digest of Federal Court refusal decisions shows the errors the court is setting aside in study permit, visitor visa and work permit cases.

Mistakes I have seen

  • I have seen people accept a refusal they could have challenged, and let the 15-day deadline pass without getting advice.
  • I have seen applicants treat a settlement as an approval, send nothing, and get the same refusal from the new officer.
  • I have seen people discontinue their court case before the settlement terms (different officer, updated documents) were confirmed in writing.
  • I have seen study permit applicants miss that their acceptance letter had expired, so the new officer had no current program to assess.
  • I have seen a second refusal go unchallenged because the applicant thought the 15-day clock had already been used up on the first judicial review. Every new decision has its own deadline.

Frequently asked questions

Does winning a judicial review mean my visa is approved?

No. The court cancels the refusal and sends it back for a new decision; it orders a specific result only in the clearest cases (Yansane, para 17). The new officer can still refuse, but must decide reasonably.

Will the same officer decide my file again?

Usually not. Judgments and settlements in immigration cases normally send the file to a different officer, as in the 2025 and 2026 decisions cited on this page. Check the exact wording of your judgment or settlement.

Can I send new documents on redetermination?

Usually yes, and you should. Many judgments and settlements say so expressly (for example Farajollahi and Wasal); if yours is silent, send them anyway with a cover letter, and keep proof that you sent them.

Do I get my legal costs back if I win?

Usually not. In immigration judicial reviews, no costs are awarded unless the court finds special reasons (Rule 22).

What if IRCC never makes the new decision?

Follow up in writing, then consider a writ of mandamus if the delay is unreasonable. See our mandamus guide.

Can I appeal the court’s judgment instead?

Only if the judge certified a serious question of general importance (IRPA s. 74(d)). That is uncommon, and you would rarely want to if the judgment went your way.

Related guides: leave denied in the Federal Court, a refusal made by mistake and boilerplate or AI-looking refusal reasons.

What should I do right now?

Get the judgment or the written settlement terms and read exactly what they say about the officer and updated documents. Then build the package: a cover letter answering each old refusal reason, updated finances and ties, and anything that has expired. If a redetermination comes back refused, the 15-day or 60-day clock starts again; fifteen days passes fast. Related reading: Federal Court immigration judicial review statistics, study permit refusals and visitor visa refusals.

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Sources (official)

This article is general information, not legal advice. Every case depends on its own facts.