Judicial Review Window for Immigration Extended by 45 Days in Canada
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Canada has officially expanded the timeframe for immigration applicants to request a judicial review. The extension, announced on May 14, 2025, grants an additional 45 days to file a challenge against immigration decisions. This move aims to ease pressure on the system and accommodate delays from a growing case backlogs. It marks a significant shift in how immigration appeals are managed in the country.
Addressing Application Overload with Extended Timelines
Canada鈥檚 immigration system has been under strain due to a surge in judicial review requests, especially throughout 2024 and 2025. In response, the Federal Court has introduced a special provision, extending the deadline to submit a complete application from 30 days to 75 days. This additional time allows applicants to properly organize their case, consult legal experts, and gather essential documents.
What鈥檚 Changed for Judicial Review with the 45-Day Extension?
As of May 14, 2025, immigration applicants now have a total of 75 days, up from the previous 30 days, to complete their application for judicial review. This change allows more time to prepare a comprehensive application against a decision made by Canadian immigration authorities.
This new rule applies in the following scenarios,
- Applicants who have already received written refusal reasons.
- Those who are awaiting written reasons after initiating a judicial review request.
- Cases where a tribunal confirms that no written reason will be issued.
Also Read: Canada Announces Major Income Tax Cut 2025 to Ease Cost of Living Burden
How to Apply for the Judicial Review?
If you believe an immigration decision was made unfairly or in error, you can request a judicial review through Canada鈥檚 Federal Court.
Step 1: File the Application
Submit your application for leave and judicial review within,
- 15 days if you are inside Canada
- 60 days if you are outside Canada
Delays beyond this period may result in automatic dismissal.
Step 2: Serve and Confirm Notice
Send the application to the immigration body (usually IRCC), then submit proof of service to the court within 10 days to confirm notification.
Step 3: Notice of Appearance by Respondent
The respondent (IRCC or tribunal) must file a Notice of Appearance within 10 days of being served, signalling their formal involvement in the case.
Step 4: Request and Receive Reasons
If no written reasons were included in the decision, the court will ask the decision-making body to provide them. These reasons are crucial for building your argument.
Step 5: Submit Applicant鈥檚 Record
Under the new rule, you have 75 days (extended from 30) to submit your full application record,
- From the filing date, if you already have the reasons
- From the date you receive the reasons or notice that none exist.
Make sure to add all the relevant documents, facts, and legal points in the application.
Step 6: Respondent鈥檚 Written Response
The immigration authority has 30 days to respond with affidavits and legal arguments defending their decision.
Step 7: Optional Reply
You can submit a reply within 10 days of receiving the respondent鈥檚 documents. This is optional, but it can help counter specific arguments.
Step 8: Leave Decision
The Federal Court reviews your file to decide whether to allow judicial review.
- If refused, the case ends.
- If granted, a hearing date is set, and deadlines for final materials are issued.
Possible Outcomes:
- Decision Upheld: The original ruling remains.
- Case Sent Back: The court identifies the legal error, and IRCC must reconsider the decision, though results may still vary.
Quick Read: Canada鈥檚 Express Entry Draws Trend and Changes
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