Our Fees for Federal Court Judicial Reviews: Refusals and Mandamus

This post explains what we charge for Federal Court cases. It covers two types of cases: a judicial review of a refused application, and a mandamus application for a delayed application. We charge flat fees, and we bill in steps. You pay for each step in full before we start the work for that step. At the end of each step, you decide whether to continue.

All fees at a glance

All fees are in Canadian dollars. They do not include HST (if it applies to you) or disbursements, such as the Federal Court filing fee. Each fee is due before we start the work for that step.

Judicial review of a refusal

• Step 1. File the case in court: $2,000. We prepare and file the Application for Leave and Judicial Review (ALJR). Due before we prepare the application.
• Step 2. Applicant's record: $6,000 to $8,000, depending on how complex the case is. This is our full written argument, including the affidavit and memorandum of fact and law. It includes a reply to the government's response, if one is needed. Due before we start the record.
• Step 3. Hearing: $5,000. We prepare for the hearing and argue your case in court. Due before we start preparing.

Mandamus (delayed application)

• Step 1. Letter of demand: $2,000. A formal letter asking the government to make a decision. Due before we prepare the letter.
• Step 2. File the case in court: $1,000. We prepare and file the Application for Leave and Judicial Review (ALJR). Due before we prepare the application.
• Step 3. Applicant's record: $6,000 to $8,000 depending on complexity. This is our full written argument. It includes a reply to the government's response, if one is needed. Due before we start the record.
• Step 4. Hearing: $5,000. We update your affidavit, prepare for the hearing and argue your case in court. Due before we start preparing.

If more than one applicant is part of the same matter (for example, family members), the filing step costs $1,000 to $2,000 more, depending on the number of extra applicants. We ask the Court to hear related cases together, so the later steps usually cost the same.

Know the risk before you start

We want to be honest with you: judicial review is risky, and there is no certainty. Before a case can be fully heard, a judge must first give permission for the case to move forward. This permission is called leave. More than 80% of applications fail at the leave stage. The exact number is a bit higher or lower depending on the year, but the odds are always difficult.

Because of this, most of our files end in one of two ways. Either we file the applicant's record and the government agrees to settle, or leave is refused and the case ends there. Some cases do get leave and go to a hearing, but this is rare.

Our fees are built in steps for exactly this reason. You only pay for the steps your case actually reaches:

• If the case settles early (for example, after a demand letter in a mandamus case), you only pay for the early steps.
• If the case settles after we file the record, which is common, you pay up to the record step and nothing more.
• If leave is refused, the case ends and you do not pay for a hearing.
• If leave is granted and we go to a hearing, you pay the hearing fee at that point, and only at that point.

Judicial review of a refusal, step by step

A judicial review asks the Federal Court to look at a refused immigration decision, such as a refused study permit, work permit, Express Entry application or sponsorship. If the Court finds the decision unreasonable, the refusal is set aside and a different officer decides the application again. The deadlines are strict: you generally have 15 days from the decision if you are in Canada, or 60 days if you are outside Canada.

Step 1. File the case in court: $2,000

We review the refusal, assess your chances, prepare the Application for Leave and Judicial Review, file it with the Federal Court before the deadline and serve the government. We also ask for the officer's full reasons for the refusal.

Step 2. Applicant's record: $7,000 to $8,000

We prepare your sworn statement (affidavit) and supporting documents, and we write the full legal argument explaining why the decision is unreasonable. If the government files a response, this step also includes our written reply. After the record is filed, the government reviews the file closely. Some cases settle at this point. If not, a judge decides whether to grant leave. The final fee within this range depends on how complex the case is.

Step 3. Hearing: $5,000

This step only happens if the judge grants leave. We prepare for the hearing, update the evidence if needed, and argue your case before a Federal Court judge.

Mandamus, step by step

A mandamus application asks the Federal Court to order the government to make a decision on an application that has been delayed for too long. Many mandamus cases resolve before a hearing. The government often restarts processing after a strong demand letter or after the case is filed, and it often discusses settlement before or after the record step.

Step 1. Letter of demand: $1,000

We prepare and send a formal letter to the government. The letter explains the history of your application, why the delay is unreasonable, and sets a deadline to make a decision. A strong demand letter can resolve the matter without going to court.

Step 2. File the case in court: $2,000

If there is still no decision, we prepare the Application for Leave and Judicial Review asking for an order of mandamus, file it with the Federal Court and serve the government. If there are extra applicants on the same matter, this step costs $1,000 to $2,000 more.

Step 3. Applicant's record: $6,000 to $8,000

We prepare your sworn statement (affidavit) showing the delay and the harm it has caused you, and we write the full legal argument. If the government files a response, this step also includes our written reply. Many delay cases settle at or before this step.

Step 4. Hearing: $5,000

This step only happens if the judge grants leave. We update your affidavit so the Court has the current state of your file, prepare for the hearing, and argue your case before a Federal Court judge.

A few notes on fees

All fees are in Canadian dollars. HST is added if it applies to you. Disbursements, such as Federal Court filing fees, are extra. Because we bill in steps, you never pay for a step your case does not reach.

Important disclaimer

This post is a high level overview of our current fees and is for general information only. It is not legal advice. Fees can change at any time without notice. Nothing on this page creates a solicitor-client relationship with Marin Immigration Law, and nothing on this page defines or limits the scope of any legal work. The exact services and fees for your matter are set out only in a written legal services agreement signed by both you and the firm. Work begins once the agreement is signed and the fee for the relevant step has been received. If you would like to discuss a refusal or a delayed application, please book a consultation.