Canada Extends Application Window for Judicial Review of Immigration Applications

In a significant move to address mounting backlogs and ensure fairness, Canada’s Federal Court has extended the deadline for applicants to complete their judicial review requests in immigration cases. As of May 14, 2025, individuals challenging refused immigration or citizenship applications now have 75 days—up from the previous 30-day window—to submit their complete application record. This change aims to alleviate pressures caused by a surge in filings and systemic delays within the court system.

A Response to Rising Demand and Delays

The extension comes amid an unprecedented increase in judicial review applications. In 2024, filings reached four times the pre-pandemic average, a trend that has continued into 2025. This surge has strained the Federal Court’s Registry, which has been operating with reduced staff and resources. To prevent applicants from being unfairly disadvantaged by these delays, the Chief Justice issued a Special Order extending the judicial review deadline.

Understanding Judicial Review in Canadian Immigration

Judicial review is a legal process that allows individuals to challenge the fairness or legality of immigration decisions made by Canadian authorities, such as Immigration, Refugees and Citizenship Canada (IRCC) or visa officers. It is not an appeal or reassessment of the application’s merits but rather an examination of whether the decision was made lawfully and fairly.

The Federal Court reviews whether:

• The decision was made in accordance with Canadian law.
• There were factual errors or omissions.
• Proper reasoning was provided for the refusal.
• There were errors in law or procedure.

If the Court identifies flaws, it can send the case back to immigration authorities for reconsideration by a different officer.

What’s Changed?

Under the new order, applicants now have 75 days—instead of 30—to “perfect” their judicial review application. This means gathering all necessary documents, affidavits, and legal arguments after initiating the process. The extended deadline applies to applications under both the Immigration and Refugee Protection Act and the Citizenship Act that have not yet been finalized.

The process now includes the following steps:

• Filing the initial application within 15 days (for applicants in Canada) or 60 days (for those outside Canada).
• Serving notice to the opposing party, typically IRCC, within 10 days.
• Receiving written reasons for the refusal, which the Court may order if not already provided.
• Submitting the complete application record within the new 75-day window.

If the application is deemed to have merit, the Court may grant a hearing and order reconsideration if errors are found.

Why This Matters for Applicants

The extended deadline offers several key benefits:

• More time to prepare: Applicants now have additional time to gather documents, consult legal counsel, and build a robust case.
• Enhanced access to justice: The extension reduces the risk of applicants being unfairly disadvantaged by court delays.
• Better quality submissions: Longer timelines allow for more thorough and well-documented applications, increasing the likelihood of fair outcomes.

This change reflects Canada’s commitment to fairness and access to justice, particularly during periods of high demand on the immigration system.

Why Was the Change Made?

The decision to extend the deadline was driven by the Federal Court’s need to address the overwhelming surge in judicial review applications, which reached four times the pre-pandemic average in 2024 and continued into 2025. This significant increase strained the Court’s Registry, which faced reduced staff and operational resources, leading to processing delays that could disadvantage applicants.

What Specifically Has Changed?

Under the new order, applicants now have 75 days to perfect their judicial review application, starting from the notification of the tribunal’s decision. The process includes:

• Filing the initial application within 15 days if in Canada or 60 days if abroad.
• Serving notice to IRCC within 10 days.
• Receiving written reasons for the refusal, which the Court may order if not provided.
• Submitting the complete application record within the extended 75-day window.

Applicability and Scope

The extension applies to all ongoing and future judicial review applications under the Immigration and Refugee Protection Act and the Citizenship Act that have not yet been perfected. This ensures fairness for all applicants affected by Court backlogs.

Limitations and Additional Notes

Judicial review is not an appeal but a legal examination of the decision’s fairness and legality. The extended deadline is a temporary measure to address current backlogs. Initial filing deadlines remain unchanged, and applicants should be aware that the Court may adjust deadlines if processing volumes normalize.

Conclusion

The extension of the judicial review application deadline to 75 days is a significant step toward addressing the challenges faced by applicants and the Federal Court alike. By providing more time to prepare complete and robust applications, this change aims to enhance access to justice and ensure fair outcomes for those challenging immigration or citizenship decisions. While the extension is a temporary measure to alleviate current backlogs, it underscores Canada’s commitment to maintaining the integrity and fairness of its immigration and legal systems.

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