Federal Court Orders Expedited Review for Third Visa Refusal, Denies Costs
- Citation
- 2026 FC 142
- Decided
- Court file
- IMM-16720-24
- Full judgment
- Read the decision
Case Law Overview
Fazlalizadeh v. Canada (Citizenship and Immigration), 2026 FC 142
The Applicant, an Iranian national, sought judicial review after his visitor visa was refused for a third time. Just before the hearing, the Minister of Citizenship and Immigration conceded that the refusal decision was unreasonable and should be set aside.
Court Ruling
The Federal Court granted the application for judicial review, ordering the visa to be redetermined by a new officer on an expedited basis. However, the Court refused to award costs to the Applicant, finding no 'special reasons' to do so despite the repeated refusals.
Key Quote from the Court
While the Court is sympathetic to the Applicant's frustration in proceeding again to a redetermination of his visa application, there is no evidence of any conduct by either the Respondent or the IRCC officers that have previously redetermined the Applicant's application that constitutes “special reasons" to justify a costs award pursuant to Rule 22 of the FCCIRPR (Ndungu v. Canada (Citizenship and Immigration), 2011 FCA 208, at para 7).
Expert Takeaways
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Costs Are Not Automatic, Even with a Win Even when IRCC concedes a decision was unreasonable, an award of legal costs is not guaranteed. The Federal Court requires 'special reasons,' such as egregious conduct by the government, which is a high bar to meet. Previous settlements without costs can weaken a future claim for costs.
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Evidence is Crucial for Bias Claims Allegations of discrimination or confirmation bias against visa officers must be supported by evidence in the record. The Court will reject arguments about bias based on nationality or location of the processing office if they are made without factual foundation.
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Persistence Can Lead to Expedited Processing Repeatedly challenging unreasonable refusals can lead to positive outcomes. In this case, after the third judicial review, the Court ordered the fourth redetermination to be done on an expedited basis, acknowledging the applicant's lengthy process.
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Government Concession Strategy IRCC may concede that a decision is unreasonable shortly before a hearing to avoid a negative judgment on the merits. Applicants must then decide whether to accept a standard settlement or proceed to a hearing to argue for additional relief like costs or specific orders, as was done here.
There is a deadline on this
That is the window to file an Application for Leave and for Judicial Review at the Federal Court, counted from the day you were notified of the decision. An extension can be requested, but it is granted at the Court's discretion - it is not automatic.
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That combination is worth a proper look. It does not mean you have a case - only a lawyer reading your actual documents can say that - but it does mean the question is worth asking before your filing window closes.
Disclaimer
The information provided in this article is for general informational purposes only and does not constitute legal advice. Immigration law is complex and subject to change. For advice specific to your situation, please schedule a consultation with a qualified legal professional.
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Questions people ask after reading a case like this
Does this mean my own case will succeed?
No. Every application is decided on its own record. A reported decision shows how the Federal Court has reasoned about a particular kind of error - it does not predict the result of a different file. What it can tell you is whether the problem in your refusal is the kind of problem the Court has been willing to intervene on.
How long do I have to challenge a refusal?
Under the Immigration and Refugee Protection Act you generally have 15 days to file an Application for Leave and for Judicial Review if the decision was made inside Canada, and 60 days if it was made outside Canada, counted from when you were notified. The Court can extend that period, but an extension is discretionary - it is not automatic.
What actually happens at the Federal Court?
Judicial review has two stages. You file the application and a written record, and a judge decides on paper whether to grant leave - permission for the case to proceed. If leave is granted, there is a hearing. The Court does not re-decide your immigration application; it decides whether the officer's decision was reasonable and procedurally fair. If you succeed, the file is normally sent back to be decided again by a different officer.
Do I have to be in Canada to bring an application?
No. Applicants outside Canada regularly bring judicial review applications, which is why the longer 60-day deadline exists for decisions made abroad. Applicants are not normally required to attend in person.
What happens in the free 15-minute review?
You explain what was refused or delayed and when you were notified. We tell you whether your filing window is still open, which issues in the decision look arguable, and what the realistic options are - including reapplying instead of litigating, where that is the better route. There is no obligation to retain us afterwards.
More Temporary Resident Visa (TRV) / Visitor Visa rulings
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Federal Court Overturns Visitor Visa Refusal for Ignoring Evidence
IRCC Reopened Your File? Your Judicial Review May Be Dismissed as Moot
Written by
Ali Dadkhah
Ali Dadkhah is a litigator whose practice is dedicated to challenging government decisions at the Federal Court of Canada. He specializes in judicial review, providing a crucial avenue for recourse for individuals and businesses who have faced unfair or unreasonable administrative outcomes. Bilingual legal support in English and Persian (Farsi)