Court: Reconsideration Review Isn't a Backdoor to Appeal Original Refusal
- Citation
- 2026 FC 917
- Decided
- Court file
- IMM-7612-25, IMM-19268-24
- Full judgment
- Read the decision
Case Law Overview
Khan v. Canada (Citizenship and Immigration), 2026 FC 917
The applicant, a citizen of Pakistan, applied for permanent residence under the self-employed class to open a karate studio. After his PR application was refused, his subsequent request for reconsideration was also denied. He then sought judicial review of the reconsideration decision.
Court Ruling
The Federal Court dismissed the application for judicial review. It ruled that the applicant's arguments improperly targeted the original PR refusal, not the reconsideration decision, and he could not use this review to resurrect his previous, unperfected judicial review of the initial refusal.
Key Quote from the Court
I conclude that because Mr. Khan has not made any submissions on the reasonableness of the Reconsideration Decision, nor has he alleged any breaches of procedural fairness with respect to that decision, the present application for judicial review will be dismissed. (at para 7)
Expert Takeaways
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Target the Correct Decision A judicial review of a reconsideration decision must address errors in that specific decision. It is not an opportunity to re-litigate the merits of the original refusal, especially if the deadline to challenge the original decision has passed or the application was not perfected.
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Diligence is Not Optional The Court will not reward a 'lack of diligence.' If you file an application for judicial review for an initial refusal and it's held in abeyance pending reconsideration, you must be prepared to perfect and proceed with it if the reconsideration fails. Abandoning one legal avenue closes it for good.
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Separate Legal Tests Apply The legal test for overturning an original refusal is different from the test for a reconsideration decision. A reconsideration review focuses on whether the officer reasonably exercised their discretion to reopen the file, not on the merits of the original application.
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Procedural Fairness Arguments Must Be Specific If alleging procedural unfairness, the argument must be tied to the decision under review. In this case, complaints about the process for the PR refusal were irrelevant to the judicial review of the Reconsideration Decision.
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.
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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)