Canada Gives More Time for Immigration Applicants to File Judicial Reviews

23 May 2025 | Canada

Canadian Immigration Applicants Now Have More Time to Challenge Decisions

Canada’s Federal Court has introduced new measures extending the deadline to request judicial review of immigration decisions. Applicants now have 45 days to seek leave (official permission) for a judicial review—an increase from the previous 30-day limit.

This extension allows more time for individuals to respond to negative immigration decisions and seek a review by the Federal Court. If leave is granted, the court can reassess the decision and, in cases where legal or factual errors are found, may return the application to the immigration authorities for reprocessing.

These special measures were announced on May 14, 2025, in response to a significant rise in judicial review and leave applications throughout 2024 and 2025, which has contributed to growing case backlogs.

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Understanding the Recent Updates to Canada’s Judicial Leave and Review Process

When challenging an immigration decision in Canada’s Federal Court, the process generally involves two key stages:

The Leave Stage – where the applicant seeks the court’s permission to proceed; and
The Judicial Review Stage – where the court reviews the decision if leave is granted.

With the latest policy change, applicants now have an additional 45 days to perfect their application for leave.

This means that once the initial leave request is filed, applicants now have up to 75 days (up from the previous 30) to complete and submit the full application record that the court will use to determine whether to proceed with a judicial review.

The 75-day timeline begins from one of the following points:

The date the initial application for leave is filed;
The date the applicant receives written reasons for the refusal (if not provided initially); or
The date the applicant is formally notified that no written reasons for refusal are available.

To help clarify this process, the following section outlines each step involved in applying for judicial leave under the revised rules.

Step-by-Step Process for Requesting a Judicial Review of a Canadian Immigration Decision

1. File an Application for Leave and Judicial Review

As the applicant, you must submit an initial application to the Federal Court requesting leave (permission) for a judicial review of your immigration decision.
This must be filed within:

15 days if you are located inside Canada; or
60 days if you are outside Canada.

2. Submit Proof of Service

Once you have served your application to the respondent (typically the immigration authority or tribunal), you must file proof of service with the court.

This must be done within 10 days of serving your application.

3. Respondent Files a Notice of Appearance

The respondent must confirm their intention to participate in the case by filing a Notice of Appearance.

This must be submitted within 10 days of being served with your application.

4. Court Requests Written Reasons (If Not Provided)

If the initial immigration decision did not include written reasons, the Federal Court will request these from the decision-making body, known formally as the tribunal.

5. Tribunal Provides Written Reasons or a Notice of Their Absence

The tribunal must promptly send written reasons to both parties or, if none exist, formally notify all parties that no reasons will be provided.

6. Submit Your Applicant Record (Updated Timelines Apply)

You must submit your applicant record, which includes all supporting documents and legal arguments for your case.

You must do this:

Within 75 days of filing your application if written reasons were already received; or
Within 75 days of receiving the tribunal’s written reasons or notice that none will be issued.

7. Respondent Submits Affidavits and Legal Arguments

The respondent has 30 days from the date they receive your applicant record to submit their own affidavits and arguments.

8. Optional Reply by Applicant

You may choose to file a reply to the respondent’s submissions.

This reply must be filed within 10 days of receiving their response.

9. Court Reviews the Leave Application

The Federal Court will assess your request for leave (permission) to proceed with a judicial review.

If leave is denied, the case does not move forward, and the original decision stands. This outcome cannot be appealed.
If leave is granted, the Court will:
- Schedule a hearing date for the judicial review, and
- Set deadlines for submitting any remaining documents and receiving the tribunal record.

What Can Happen After the Judicial Review?

There are two possible outcomes:

If the Federal Court agrees with the original immigration decision and finds no error in law or procedure, the decision will be upheld.
If the Court determines there was a legal or procedural issue, it may return the case to the original decision-maker for reconsideration.
However, this does not guarantee a different outcome—the decision may still remain the same upon review.

Why You Should Choose Simard & Associates as Your Immigration Lawyer?

At Simard & Associates, we bring expertise, dedication, and a personalized approach to every immigration case. With a proven track record of success, we guide you through the complexities of immigration law with confidence and care. Our team is committed to providing tailored solutions, ensuring your application process is smooth, efficient, and stress-free. Whether you’re pursuing residency, citizenship, or visas, Simard & Associates is your trusted partner for achieving your immigration goals.

For more details & questions, Kindly contact us and one of our Immigration Consultant & Immigration Lawyers will respond to you.

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