If your Canadian immigration application has been refused, here’s some relief—Canada just made it easier to request a judicial review.
On May 14, 2025, the Federal Court of Canada extended the deadline for perfecting applications for judicial review from 30 days to 75 days. This change offers more breathing room to applicants who want to challenge decisions they believe were made in error.
Why is this important? Because a longer timeline means more time to gather documents, seek legal advice, and properly prepare a strong case. With rising backlogs and complex immigration decisions, this extension couldn’t have come at a better time.
What Is a Judicial Review and Why Should You Care?
A judicial review is not a reassessment of your immigration application. Instead, it’s a legal process where the Federal Court checks whether the original immigration decision was made fairly and legally.
This can be useful when:
- There was an error in how your application was assessed
- The decision was based on incorrect information
- You were denied without proper reasoning
If the court finds something went wrong, it can send your case back for re-evaluation.
Key Change: 75 Days to Submit Your Applicant Record
Here’s the main update:
Applicants now have 75 days (instead of 30) to submit their full application record after requesting a judicial review. This applies in three situations:
- From the date you first file your application for leave
- From the day you receive written reasons for your refusal (if they weren’t initially included)
- From when you are informed that no written reasons are available
This gives you more time to gather documents, build your legal arguments, and submit a complete file.
Step-by-Step: How to Apply for Judicial Review
| Step | What to Do | Deadline |
| 1 | Apply for Judicial Review | Within 15 days (in Canada) or 60 days (outside Canada) of refusal |
| 2 | Serve the application and submit proof of service | Within 10 days of serving |
| 3 | Respondent files Notice of Appearance | Within 10 days of being served |
| 4 | Court requests written reasons (if not provided) | Ongoing |
| 5 | Tribunal provides reasons or a notice of no reasons | Ongoing |
| 6 | Submit your full applicant record (new rule applies) | Within 75 days of relevant starting point |
| 7 | Respondent submits affidavits and arguments | Within 30 days of receiving your record |
| 8 | Optional reply by applicant | Within 10 days of receiving respondent’s submission |
| 9 | Court reviews leave request | No fixed timeline, court decision pending |
What Happens If Leave Is Granted?
If the court decides your case has merit, you move on to a full hearing. Here’s what follows:
- A court date is set
- Additional documents can be submitted
- The judge reviews both parties’ arguments and evidence
The court may:
- Agree with the original decision and let it stand
- Return your case for a new assessment (note: this doesn’t guarantee approval)
Why This Update Matters for Immigration Applicants
This extended timeline is part of a broader response to delays and legal bottlenecks caused by the surge in immigration cases in 2024 and early 2025.
Here’s how applicants benefit:
- More time to prepare a solid legal case
- Lower risk of rejection due to missing documents
- Better access to legal resources and support
- Reduced stress, especially for those abroad or dealing with complex refusals
A Small Policy Shift With Big Impact
The extension of the judicial review timeline gives applicants a better chance at fairness and justice. If you’ve been refused and are considering legal action, this judicial review timeline extension in Canada might be the opportunity you need to turn things around. Canada’s legal system is offering a wider window – use it wisely. For expert advice, connect to experts at ImmigCanada!
Leave a Reply