Canada’s Federal Court has extended the timeframe for immigration applicants to complete their judicial review applications from 30 to 75 days.
The measure allows more time to gather documents, seek legal advice, and prepare supporting arguments after filing an initial request for judicial review.
According to Immigration News Canada (INC), the change is meant to make it easier for applicants to go through the legal process and to help reduce the growing backlog of immigration cases from 2024 and 2025.
The extension comes in response to a rise in the number of immigration decisions being challenged in court. The Federal Court’s decision to lengthen the deadline provides applicants with a more manageable timeline to submit a complete application record, which includes relevant documents and legal arguments.
The 75-day window now applies in three situations:
- When applicants already have written reasons for their refusal.
- When written reasons are received after the initial application is filed.
- When the immigration tribunal confirms that no written reasons will be issued.
This measure is intended to give applicants more time to prepare a complete and well-documented case, potentially improving the quality and fairness of judicial reviews.
Understanding the Judicial Review Process
Judicial review is the legal avenue for challenging immigration decisions believed to be incorrect or unfair. It does not reconsider the merits of the original application but focuses on whether the decision was made according to law and procedure.
Applicants must first file an application for leave and judicial review:
- Within 15 days of receiving the decision, if they are in Canada.
- Within 60 days, if they are outside Canada.
After filing, applicants must serve notice to the immigration authority, typically the IRCC, and submit proof of service to the Federal Court. If written reasons for refusal were not included in the decision, the court will request them from the tribunal.
Once the reasons are received, applicants have 75 days to submit their application record. This includes affidavits, evidence, and legal submissions. The immigration authority then has 30 days to respond. Applicants may also file a reply within 10 days, though this is optional.
If leave is granted, a hearing date is set, and the court may either uphold the decision or send the case back to the IRCC for reconsideration.
Key Outcomes and Who Can Apply
Judicial review is open to individuals who believe an immigration decision was based on a legal or procedural error. This includes:
- Permanent residence applicants.
- Refugee claimants.
- Temporary residents (students, workers).
- Family sponsorship applicants.
The outcome of a judicial review can go one of two ways:
- The original decision is upheld if no legal errors are found.
- The case is returned to the IRCC for a new decision if an error is identified.
Practical Considerations for Applicants
The extended 75-day period can benefit those who require more time to gather evidence, especially applicants located outside Canada or those who lack immediate access to legal support.
To make the most of this new timeline:
- Start the process early despite the extension.
- Consult with a lawyer to assess the strength of your case.
Ensure all documents and procedural steps are completed on time.
