How Strategic Judicial Review Led to a Successful Open Work Permit Amendment

Mistakes by Immigration, Refugees and Citizenship Canada (IRCC) are becoming increasingly common. What is even more concerning is that admitting a mistake does not always mean IRCC will correct it on its own.

This case handled by Fateh Law Corporation is a clear example of why legal strategy matters more than verbal assurances, and why pairing a reconsideration request with a Judicial Review in the Federal Court can dramatically change outcomes.

Background: Open Work Permit Amendment Refused Despite IRCC Admitting Error

Our client was inside Canada and applied for an amendment of conditions on their Open Work Permit, specifically requesting the removal of an agriculture-related work restriction.

After contacting IRCC through their official helpline, the client was explicitly informed that IRCC had made a mistake and that the restriction should not have been imposed. IRCC indicated over the phone that the issue would be corrected.

However, despite this confirmation, IRCC still issued a formal refusal letter denying the amendment request.
IRCC refusal letter for an application to amend conditions on an open work permit in Canada
IRCC letter explaining refusal to amend conditions on an open work permit and requirement to apply for a new permit

This situation highlights a critical reality in Canadian immigration law:

What IRCC says informally has no legal value unless backed by action or challenged through proper legal channels.

The Legal Options After an IRCC Refusal

Once the refusal was issued, there were two possible approaches:

Option 1: File a Simple Reconsideration

A reconsideration request asks IRCC to re-examine its own decision.

However, IRCC is under no legal obligation to review or respond to reconsideration requests. Many are ignored entirely.

Option 2: Reconsideration + Judicial Review (Strategic Approach)

The second option was to:
  • File a Judicial Review application in the Federal Court of Canada within the strict deadline, and
  • Serve IRCC with a legal notice along with the reconsideration request, proving that litigation had already commenced.
This approach signals seriousness, accountability, and legal risk for IRCC.

Fateh Law Corporation advised pursuing Option 2.

Acting Within Critical Deadlines: Timing Was Everything

Canadian immigration law imposes strict and unforgiving timelines for challenging refusals:
  • 15 days to file Judicial Review if the refusal is made inside Canada
  • 60 days if the refusal is made outside Canada
In this case:
  • December 5: Judicial Review was filed in the Federal Court within the 15-day deadline

Federal Court electronic filing confirmation for a judicial review application

  • December 6: A reconsideration request was submitted with a legal notice and proof of Federal Court filing

Reconsideration request submitted to IRCC with legal notice following Federal Court filing

Legal statement referencing Federal Court judicial review filed in support of reconsideration request

This ensured the client’s rights were fully preserved.

The Turning Point: Legal Notice Changed IRCC’s Response

Within 10 days of receiving the legal notice and proof of Federal Court proceedings, IRCC’s approach changed completely.

IRCC approval letter granting an open work permit for vulnerable workers after Federal Court proceedings

On December 16, IRCC:
  • Took the reconsideration seriously
  • Acknowledged the earlier mistake
  • Approved the amendment request
  • Removed the agriculture work restriction from the Open Work Permit
The matter was resolved without prolonged litigation, saving:
  • Time
  • Legal costs
  • Stress for the client
  • Court resources for both sides

Why This Strategy Works: The Legal Reality of Reconsiderations

This case reinforces an important legal truth:

Reconsideration requests alone have little weight. Judicial Review gives them force.
IRCC is not obligated to:
  • Respond to reconsiderations
  • Provide reasons
  • Act within any timeline
But once a case is filed in the Federal Court, IRCC faces:
  • Litigation risk
  • Legal scrutiny
  • Department of Justice involvement
This often leads to faster, more reasonable resolutions—especially where IRCC knows the refusal is legally weak.

Lessons for Applicants Facing Immigration Refusals

If you or your family member has received an immigration refusal, consider the following:
  • Do not rely solely on verbal assurances from IRCC
  • Do not assume a reconsideration will be reviewed
  • Always protect your court deadline first
  • A refusal can often be overturned without a full court hearing if challenged correctly
Most importantly, only a Canadian barrister and solicitor can represent you in the Federal Court of Canada.

How Fateh Law Corporation Makes a Difference

Fateh Law Corporation focuses on strategic immigration litigation, not just form-filling. Our approach includes:
  • Immediate assessment of Judicial Review viability
  • Parallel reconsideration strategies backed by legal notices
  • Precise deadline management
  • Strong litigation pressure without unnecessary court battles
This case is a clear example of how preparation and legal leverage can resolve matters quickly and effectively.

Final Thoughts: Use Every Legal Tool Available

An immigration refusal does not mean the end of the road.

Handled correctly, it can become an opportunity for correction and justice.

If you are:
  • Within 15 days (inside Canada) or
  • Within 60 days (outside Canada)

You may still have the right to challenge the decision.

📌 Always explore all legal options before giving up.

Contact Fateh Law Corporation

If you have received an immigration refusal and are considering:
  • Judicial Review
  • Reconsideration backed by legal action
  • Federal Court litigation

Speak with Fateh Law Corporation to understand your rights and next steps.

Because when IRCC doesn’t correct its mistakes, the law can make them listen.