The Federal Court denied leave on your judicial review: what it means and what you can still do

By Sundeep S. Grewal, lawyer at Lawgical Law Corporation · Reviewed November 10, 2026

Published November 10, 2026

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 10, 2026: section 72 of the Act and the Federal Court’s statistics to December 31, 2025 checked that day.

If the Federal Court dismissed your application for leave, the judge decided your case should not go to a full hearing. The order usually has no reasons, and under section 72(2)(e) of the Act there is no appeal. That ends the challenge to that decision. It does not end your options: you can make a new application that fixes what went wrong, apply in a different category, or, where your situation calls for it, apply on humanitarian grounds or ask for a temporary resident permit.

Lawgical Law Corporation, an immigration law firm in Surrey, Abbotsford and Vancouver, BC, files judicial reviews in the Federal Court and plans the next application when leave is refused; this guide is by Sundeep S. Grewal.

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What does the order say?

The orders I see are one line long:

• “This application for leave and judicial review is hereby dismissed.”
• “This application for leave is dismissed due to the failure of the applicant to file an Application Record.”

The second one is different. It means the case was never decided on its merits because the applicant’s written argument was not filed in time.

Why are there no reasons and no appeal?

Under section 72(2)(d) of the Act, a judge decides leave “without delay and in a summary way”, usually without a hearing. Under section 72(2)(e), “no appeal lies from the decision of the Court with respect to the application”. Leave is a filter: the judge looks for a fairly arguable case. Most files do not pass it. In 2025 the Court granted leave in 1,566 non-refugee immigration files against 14,753 closed, about 11 for every 100, according to its statistics to December 31, 2025.

Why this needs a lawyer

One lawyer, one file, every step:

• reading the refusal and the court file to see what can be fixed;
• choosing the next application and building it properly;
• status advice if you are in Canada;
• a rare motion to the Court, only where it is justified.

Immigration lawyers are members of a provincial law society (in our case, the Law Society of British Columbia), and only lawyers can appear for you in the Federal Court.

What are my options now?

1. A new application that answers every concern in the original refusal, with the evidence that was missing.
2. A different category if the one you used was the wrong fit.
3. A humanitarian and compassionate application, if you are in Canada with strong ties.
4. A temporary resident permit, if there is a compelling reason to be in Canada despite a problem.
5. If leave was dismissed for not filing the Application Record: ask a lawyer whether a motion to set aside the order is possible. The Court rarely grants these.

What about my status?

Filing for leave does not, on its own, keep you in status or stop removal. If you are in Canada and your status ended with the refusal, the leave dismissal does not change that. If removal is scheduled, other steps, such as a deferral request, may still be available. See our guide on removal from Canada.

Leave denied at a glance

Worked example: what comes next

Example. A student’s study permit was refused for weak ties at home and unclear funds. Leave was denied three months later. Her new application, with six months of statements, a clear study plan and proof of family and property at home, answers each reason in the original refusal. The court result does not appear as a barrier in the new application, but the refusal must be disclosed.

Mistakes I have seen

• I have seen people file the same application again with the same documents after leave was denied.
• I have seen people assume the leave application kept them in status.
• I have seen applications for leave dismissed because the Application Record was never filed.

Frequently asked questions

Why did the judge not give reasons?

The Act lets the Court decide leave summarily, and in practice leave orders rarely give reasons.

Does leave being denied mean the officer was right?

Not exactly. It means the judge did not see a fairly arguable case for a full hearing. A new application can still succeed with better evidence.

Can I go to the Federal Court of Appeal or the Supreme Court?

Not from a leave decision: section 72(2)(e) says no appeal lies from it. After a full hearing, an appeal to the Federal Court of Appeal is possible only if the judge certifies a serious question of general importance, and only from there could a case go on to the Supreme Court of Canada.

Related guides

See our guides on Federal Court immigration statistics, what happens when judicial review is granted and recent Federal Court refusal decisions.

Related guides: a no credible basis refusal.

What should I do right now?

Check your immigration status today. Gather the original refusal, the officer’s notes and your court file. Decide which new application answers the refusal best.

Book a consultation with our immigration lawyers in Surrey, Abbotsford or Vancouver, or online from anywhere.

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Sources (official)

• Immigration and Refugee Protection Act, s. 72 (current to October 19, 2026)
• Federal Court: Statistics, December 31, 2025

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