Canada Gives 45 Extra Days to Immigration Applicants for Judicial Review

The Canadian Federal Court has announced new rules to help people who want to challenge immigration decisions. Now, applicants get more time to ask the court to review their cases. This change gives them 45 extra days to apply for judicial permission, also called "leave." Before, applicants had only 30 days to do this.

What Does This Mean for Applicants?

When someone applies for immigration and their application is refused, they can ask the court to look at the decision. This process is called judicial review. If the court finds a mistake or misunderstanding in the immigration decision, it can send the case back to be reconsidered.

The court made this change on May 14, 2025. They wanted to help because many people are asking for judicial reviews, which caused a big backlog in 2024 and 2025.

How Does the Judicial Review Process Work?

There are two main steps in the review process:

1. Judicial Leave Stage:
   This is the first step where applicants ask for permission to start a review.
   
2. Judicial Review Stage:
   If the court gives permission, they then look closely at the immigration decision.
   

More Time to Perfect Your Application

Now, after filing the first request for leave, applicants get up to 75 days to complete and submit all needed documents. This is much longer than the old 30 days.

This 75-day period starts when:

• The applicant files the initial leave request, or
  
• They receive written reasons for refusal if not given earlier, or
  
• They get a notice saying no written reasons are available.
  

Step-by-Step Guide to Apply for Judicial Review

1. Apply for Judicial Review:
   Applicants must file their initial request within 15 days if inside Canada, or 60 days if outside Canada.
   
2. Show Proof of Service:
   They must prove they sent the request to the immigration authority within 10 days of filing.
   
3. Respondent’s Notice of Appearance:
   The immigration side must respond within 10 days, showing they will take part in the case.
   
4. Court Requests Written Reasons:
   If the applicant did not get written reasons for refusal, the court asks the immigration office to provide them.
   
5. Tribunal Sends Reasons:
   The immigration office sends written reasons or a notice that none exist, quickly.
   
6. Submit Applicant Record:
   This is where the new 75-day deadline applies. Applicants submit all documents and arguments.
   
7. Respondent Replies:
   The immigration side has 30 days to send their evidence and arguments.
   
8. Optional Reply:
   Applicants can reply to the respondent’s submission within 10 days.
   
9. Court Reviews Leave Request:
   The court decides if the case can move forward. If permission is denied, the process ends.
   

Possible Results of Judicial Review

If the court agrees with the original decision, it stays as it is. If the court finds mistakes, the case goes back for reconsideration. However, the original decision may still not change.