Immigration Blog

Understanding Legal Costs in Federal Court

When an immigration application is refused, pursuing a Judicial Review at the Federal Court of Canada is a critical step. However, the question of who pays the legal fees—known as the cost in judicial review—is complex and often misunderstood. The court's authority to hear these cases and award costs is established by the Federal Courts Act (R.S.C. 1985, c. F-7) , while the specific procedures are governed by the Federal Courts Rules (SOR/98-106) .

Unlike other types of litigation, in immigration cases, simply winning your judicial review doesn't mean IRCC will automatically pay your costs. As the Court confirmed in Issa v. Canada (Citizenship and Immigration), 2025 FC 1971, an applicant must prove "special reasons" exist. This high threshold is only met in cases of improper government conduct, such as the abuse of process seen in The Minister of Citizenship and Immigration v. Shiyuan Shen, 2025 FC 1175, not for a simple error by a visa officer.

The conduct of all parties during litigation is also a major factor. Rejecting a reasonable settlement offer can lead to an adverse costs award, even for a successful applicant, as demonstrated in Matta v. Canada (Attorney General), 2025 FC 807. Conversely, in cases with significant public interest, like those involving access to justice, courts may award elevated costs, as seen in Cully v. Canada (Attorney General), 2025 FC 1379.

• Success Isn't Enough: Winning your case does not guarantee a costs award in immigration matters; you must prove "special reasons."
• Conduct is Key: Your actions, and your lawyer's, throughout the court process can significantly influence who pays costs and how much.
• Costs are Partial: An award is not a full reimbursement of legal fees but a contribution based on a court tariff.