IRCC Rethinks Denial of Work Permit Extension Application Following Challenge at Federal Court

Work Permit Holder in French-Speaking Stream Has Second Chance After Challenging Immigration Department’s Decision

In Canada, a work permit holder’s application for an extension of their work permit has been re-evaluated by the country’s immigration department following a challenge to the decision at the Federal Court of Canada.

This is after Immigration, Refugees and Citizenship Canada (IRCC) refused a work permit extension application made by a temporary resident of British Columbia through the French-speaking immigration pathway.

Refusal of Work Permit Extension Due to French-Language Background

The applicant, who is 28 years old and a former student at Langara College, had provided results from French-language tests proving that he was competent in French, especially in listening and speaking skills using the TCF test.

But IRCC denied the application because the applicant had never resided in a French-speaking country nor studied in French. The applicant felt that the decision was not made in light of the evidence provided, especially his French-language test results.

Judicial Review at Federal Court Results in Reconsideration

Following the rejection, the applicant applied for judicial review at the Federal Court in April 2026. According to his lawyer, the problem was then sorted out since the Department of Justice decided that the rejection would be withdrawn and the application would be reconsidered by IRCC.

In turn, the applicant got an extension on his work permit, and he was able to continue working as soon as the work interruption ended. Despite the fact that IRCC did not officially admit any mistake, the settlement and reconsideration of the application meant that the initial decision had some questionable points.

Refusals of Immigration Applications Are Subject to Judicial Review in Federal Court

It becomes clear from this case that a refusal of immigration does not mean that there will be no other chance for an applicant. There are certain possibilities to go through in case an applicant feels that the decision of IRCC is unreasonable and based on irrelevant considerations.

In the case of a judicial review by a Federal Court, the latter does not mean that the application will be accepted. The Court will check whether the procedure of decision-making was reasonable and fair.

More Scrutiny in Canadian Immigration Applications

There have been reports of increased scrutiny by some immigration officers in reviewing immigration applications, in terms of looking at supporting documentation and past applications.

Processing delays and long processing times have also become an issue for some immigrants, especially in cases where eligibility criteria in certain immigration programs require a careful analysis.

If you have received a refusal, you need to check your refusal letter, obtain as many immigration file records as possible, and consider a legal review.

Key Points for Applicants

Even if the work permit application has been denied, this does not mean that the matter is over. French-speaking immigration applications should be evaluated in accordance with the requirements of relevant programs and the evidence presented.

It is possible to consider Federal Court review if the decision from IRCC looks unreasonable or procedurally flawed. Seeking professional legal consultation after refusal can be helpful in choosing further steps.