Canada’s Federal Court Extends Judicial Review Request Window by 45 Days
Last Updated On: 20 May 2025, 6:24 PM EDT (Toronto Time)
Canada’s Federal Court recently announced a significant extension in the window for requesting judicial review on immigration decisions, allowing applicants an additional 45 days to challenge these decisions. This change, effective as of May 14, 2025, comes as a strategic response to the increasing backlog of immigration cases that have accumulated throughout 2024 and 2025.
A Response to Growing Backlogs
The Canadian immigration system has been under mounting pressure due to an upsurge in applications for judicial review. The growing backlog of cases prompted the Federal Court to implement these special measures, granting applicants more time to prepare their cases. Previously, individuals had only 30 days to submit an application for judicial review after receiving the written reasons for their immigration application refusal. Now, they have a total of 75 days, providing a critical lifeline for those navigating the complicated landscape of immigration processes.
This extended timeframe means that applicants can take the necessary steps to both gather essential documents and seek adequate legal counsel, ultimately ensuring that they present a robust case before the court. These measures aim not just to alleviate the stress of navigating an overwhelming system but to enhance fairness in immigration processes.
Judicial Review and Its Importance
Judicial review serves as a pivotal legal mechanism through which applicants can contest decisions made by Canada’s immigration authorities, such as Immigration, Refugees and Citizenship Canada (IRCC). If a decision is deemed unfair—whether due to misunderstandings, procedural errors, or misinterpretations of law—applicants can seek review from a Federal Court.
If permission, or "leave," for judicial review is granted, the court can either overturn the decision or remand the case back to the IRCC for reconsideration. This process is essential for individuals who feel their cases were mishandled, offering a crucial second chance to pursue their immigration goals.
The New 45-Day Extension: What’s Changed?
Thanks to the new policy, applicants who previously had only 30 days now enjoy an extended period to perfect their application for judicial review. This policy applies in the following scenarios:
- Applicants who already have the written reasons for their refusal.
- Those who receive these reasons after filing their initial application.
- Cases where the immigration authority has provided notice stating that no written reasons are available.
This change serves to empower applicants, enabling them to compile a more comprehensive application record. Increased time means stronger evidence and well-researched legal arguments, thereby raising the likelihood of success in court.
Step-by-Step Guide to Applying for Judicial Review
The judicial review process may seem daunting, but breaking it down into manageable steps can help applicants navigate it more effectively:
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File Your Application for Judicial Review: Submit your application for leave within 15 days of receiving the immigration decision if you’re in Canada and within 60 days if you’re outside the country. Missing these deadlines can bar you from seeking review.
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Provide Proof of Service: After filing, notify the immigration authority of your intent by serving your application. You must file proof of service with the Federal Court within 10 days.
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Respondent Files a Notice of Appearance: The immigration authority has 10 days post-notification to file a Notice of Appearance, indicating their engagement in the process.
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Court Requests Written Reasons (If Needed): If the original decision lacked written reasons, the court will request them from the relevant tribunal.
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Tribunal Provides Reasons or Notice: The tribunal must send out written reasons or inform parties if no reasons are available.
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Submit Your Applicant Record (Now Under the 75-Day Rule): Compile and submit your document record within 75 days of your initial application (if you already have the reasons) or receiving the tribunal’s written reasons.
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Respondent Submits Their Arguments: After your record is filed, the respondent (usually the IRCC) has 30 days to submit their counterarguments.
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File an Optional Reply: You have the option to respond to the respondent’s arguments within 10 days. This is not mandatory but can strengthen your case.
- Court Reviews the Leave Request: The Federal Court will assess your application to decide whether to grant or deny leave for judicial review. If denied, the process terminates, whereas if granted, a hearing date will be set.
Possible Outcomes of Judicial Review
The outcome of a judicial review hinges critically on the court’s findings:
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Decision Upheld: If no legal errors are found in the original decision, it remains intact, and further action cannot be taken.
- Case Sent Back for Reprocessing: If an error is identified, the case could be referred back to the IRCC for reconsideration, though this doesn’t guarantee a change in the outcome.
Why the 45-Day Extension Is a Big Deal
The extended 75-day window has noteworthy implications:
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More Time to Prepare: Applicants can gather stronger evidence and seek guidance from immigration lawyers to create a compelling case.
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Reduced Stress: The extra time reduces anxiety associated with tight timelines, particularly beneficial for individuals dealing with complex legal matters from overseas.
- Addressing Backlogs: This change evidences Canada’s commitment to tackling the backlog of judicial review cases, enhancing access to justice.
The extension is especially advantageous for applicants requiring more time to source documentation or those who may not readily have access to legal resources.
Who Can Benefit from Judicial Review?
Judicial review is accessible to anyone who believes they have been dealt an unfair immigration decision, including:
- Permanent residency applicants facing rejections.
- Refugee claimants whose claims have been denied.
- Temporary residents like students or workers denied visa extensions.
- Family sponsorship applicants encountering procedural mishaps.
If you suspect a legal error led to your application’s dismissal, the option for judicial review might be your pathway to rectify the situation.
Tips for a Successful Judicial Review Application
To enhance your chances of success, consider these key strategies:
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Hire an Immigration Lawyer: Obtaining legal advice is invaluable. A lawyer can pinpoint errors in the original decision and aid in assembling a strong application.
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Act Quickly: While the 75-day extension allows additional time, starting the process promptly is crucial to ensure that deadlines are met.
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Gather Strong Evidence: Collect all pertinent documents, including correspondence with the IRCC and evidence backing your claim.
- Understand the Focus of Judicial Review: Bear in mind that judicial review concerns the fairness of the process rather than the merits of your application, requiring you to address any procedural missteps explicitly.
Canada’s Immigration Challenges in 2025
The recent extension of the judicial review window arrives during a period of significant strain on Canada’s immigration system. An overwhelming backlog of applications, compounded by skyrocketing demand for various immigration pathways, has contributed to considerable delays and errors in processing.
The decision to extend the timeline reflects an ongoing commitment to enhancing fairness and accessibility in immigration matters. By affording applicants more time, the Federal Court aims to mitigate the frequency of dismissals due to incomplete or hastily assembled applications.
A New Opportunity for Immigration Applicants
The Federal Court’s decision to extend the judicial review application window significantly improves the prospects for many prospective immigrants. This 75-day period allows applicants the necessary time to refine their submissions, ensuring more equitable access to justice.
Armed with a better understanding of the judicial review process and leveraging the additional time to build a compelling case, whether you are in Canada or overseas, you can work toward achieving your immigration goals. For anyone considering a judicial review, seeking legal counsel to assess your individual circumstances and prepare a robust application could mean the key to unlocking future opportunities in Canada.
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