Last Updated On 20 May 2025, 6:24 PM EDT (Toronto Time)
Canada’s Federal Court has extended the window for requesting judicial review on immigration decisions by an additional 45 days.
Announced on May 14, 2025, this change provides applicants with more time to challenge decisions made by the immigration department, addressing the growing backlog of cases in 2024 and 2025.
This article dives deep into the new measures, the judicial review process, and what they mean for applicants seeking to navigate Canada’s immigration system.
Whether you’re an applicant within Canada or abroad, this guide offers a clear, step-by-step breakdown to help you understand your options and maximize your chances of success.
Table of Contents
The Canadian immigration system has faced increasing pressure due to a rising number of applications for judicial review.
The backlog of cases in 2024 and 2025 prompted the Federal Court to introduce these special measures, giving applicants more time to prepare their cases.
Previously, applicants had just 30 days to perfect their application for judicial leave.
Now, with an extended 75-day window, individuals have more breathing room to gather documents, seek legal advice, and build a compelling case.
This change is a lifeline for those facing refusals or errors in their immigration decisions, offering a fairer shot at having their cases reconsidered.
Judicial review is a legal process that allows applicants to challenge decisions made by Canada’s immigration authorities, such as Immigration, Refugees and Citizenship Canada (IRCC).
If an immigration application is rejected due to a misunderstanding, procedural error, or misapplication of the law, a Federal Court can review the decision.
If granted “leave” (permission) for judicial review, the court may overturn the decision or send it back to the IRCC for reprocessing.
This process is critical for applicants who believe their case was unfairly handled, offering a second chance to achieve their immigration goals.
Under the previous rules, applicants had only 30 days to perfect their application for judicial review after filing their initial request or receiving written reasons for their refusal.
The new measures, effective May 14, 2025, extend this period to 75 days. This applies to:
- Applicants who already have the written reasons for their refusal.
- Those who receive reasons after filing their initial application.
- Cases where the immigration authority (tribunal) provides notice that no written reasons are available.
This extension gives applicants more time to compile a robust applicant record, including relevant documents and legal arguments, increasing their chances of presenting a strong case to the Federal Court.
Navigating the judicial review process can be complex, but understanding each step is crucial for success.
Below is a detailed guide to help you through the process:
Step 1: File Your Application for Judicial Review
The first step is to submit an application for leave and judicial review to the Federal Court. This must be done within strict timelines:
Within 15 days of receiving the immigration decision if you’re in Canada.
Within 60 days if you’re outside Canada.
This initial filing is critical, as missing the deadline could bar you from seeking judicial review.
Step 2: Provide Proof of Service
After filing, you must serve your application to the respondent (the immigration authority that made the decision, typically the IRCC).
Within 10 days of serving the application, you must file proof of service with the Federal Court.
This confirms that the respondent has been notified of your intent to seek judicial review.
Step 3: Respondent Files a Notice of Appearance
The respondent has 10 days from receiving your application to file a Notice of Appearance, indicating their participation in the case.
This step ensures the court knows both parties are engaged in the process.
Step 4: Court Requests Written Reasons (If Needed)
If your initial immigration decision did not include written reasons for the refusal, the Federal Court will request them from the tribunal (the decision-making body). This ensures transparency in the process.
Step 5: Tribunal Provides Reasons or Notice
The tribunal must promptly send written reasons to all parties involved or notify them if no reasons are available.
This step is crucial, as the reasons (or lack thereof) will shape your application record.
Step 6: Submit Your Applicant Record (New 75-Day Rule Applies)
This is where the new 45-day extension comes into play.
You must submit your applicant record, which includes all relevant documents, evidence, and legal arguments supporting your case.
The timeline for this step is now:
Within 75 days of filing your initial application (if you already have the reasons).
Within 75 days of receiving the tribunal’s reasons or notice that no reasons exist.
This extended window allows you to gather stronger evidence, consult with legal experts, and craft a compelling argument to challenge the immigration decision.
Step 7: Respondent Submits Their Arguments
Once your applicant record is submitted, the respondent has 30 days to file their own affidavits and legal arguments.
This allows the immigration authority to defend their original decision.
Step 8: File an Optional Reply
You have the option to file a reply to the respondent’s arguments within 10 days of receiving their submissions.
While not mandatory, a well-crafted reply can strengthen your case by addressing any counterarguments.
Step 9: Court Reviews the Leave Request
The Federal Court will review your application to decide whether to grant “leave” (permission) for judicial review.
This is a critical stage, as the court’s decision determines whether your case moves forward.
If leave is refused: The process ends, and the decision cannot be appealed.
If leave is granted: The court sets a hearing date for the judicial review and provides deadlines for any additional documents or tribunal records.
Possible Outcomes of Judicial Review
The outcome of a judicial review depends on the court’s findings:
Decision Upheld
If the court finds no legal errors in the original decision, it will stand, and no further action can be taken.
Case Sent Back for Reprocessing
If the court identifies an error, such as a misunderstanding or misapplication of the law, it may return the case to the IRCC for reconsideration.
However, this does not guarantee a different outcome.
Why the 45-Day Extension Is a Big Deal
The extended 75-day window is a game-changer for several reasons:
More Time to Prepare: Applicants can gather stronger evidence and consult with immigration lawyers to build a compelling case.
Reduced Stress: The additional time alleviates the pressure of tight deadlines, especially for those navigating complex legal processes from abroad.
Addressing Backlogs: The change reflects Canada’s commitment to addressing the backlog of judicial review cases, ensuring fairer access to justice.
This extension is particularly beneficial for applicants who may not have immediate access to legal resources or who need time to collect documentation from multiple sources.
Who Can Benefit from Judicial Review?
Judicial review is available to anyone who has received an immigration decision they believe was unfair or incorrect, including:
Permanent residency applicants whose applications were rejected.
Refugee claimants facing refusal of their claims.
Temporary residents (e.g., students or workers) denied visa extensions or status changes.
Family sponsorship applicants whose cases were denied due to procedural errors.
If you believe your application was rejected due to a mistake, misunderstanding, or legal error, judicial review could be your path to a second chance.
Tips for a Successful Judicial Review Application
To maximize your chances of success, consider the following:
Hire an Immigration Lawyer
Legal expertise is critical for navigating the complex judicial review process.
A lawyer can help you identify errors in the original decision and craft a strong applicant record.
Act Quickly
While the 75-day extension provides more time, don’t delay in starting the process.
Early preparation is key to meeting deadlines.
Gather Strong Evidence
Include all relevant documents, such as correspondence with the IRCC, proof of eligibility, and any evidence supporting your claim.
Understand the Scope
Judicial review focuses on the fairness of the decision-making process, not the merits of your application.
Ensure your arguments address procedural or legal errors.
Canada Immigration Challenges in 2025
The extension of the judicial review window comes at a time when Canada’s immigration system is under strain.
The backlog of applications, coupled with increasing demand for immigration pathways, has led to delays and errors in processing.
The Federal Court’s decision to extend the timeline reflects a broader effort to improve fairness and accessibility in the immigration system.
By giving applicants more time to prepare their cases, the court aims to reduce the number of dismissals due to incomplete or rushed applications.
A New Opportunity for Immigration Applicants
Canada’s decision to extend the judicial review application window by 45 days is a significant step toward a fairer immigration system.
By providing applicants with a 75-day period to perfect their cases, the Federal Court is addressing the challenges of backlogs and ensuring that individuals have a better chance to challenge unfair decisions.
Whether you’re in Canada or abroad, understanding the judicial review process and acting promptly can make all the difference in achieving your immigration goals.
If you’re considering a judicial review, consult with an immigration lawyer to assess your case and prepare a strong application.
With the right approach, this extended window could be the key to unlocking your future in Canada.
Stay updated with Immigration News Canada.
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