“Canada Extends Judicial Review Application Window by 45 Days for Immigration Decisions”
On May 14, 2025, Canada’s Federal Court announced a crucial 45-day extension to the judicial review application deadline for immigration decisions. This extension offers applicants additional time to challenge immigration decisions, helping to address the growing backlog of cases in 2024 and 2025.
This article explores the newly introduced measures, the judicial review process, and how these changes benefit applicants navigating Canada’s immigration system. Whether you are inside Canada or applying from abroad, this step-by-step guide will help you understand your options and improve your chances of success.
Addressing Backlogs in Canada’s Immigration System
With an increasing number of judicial review requests, Canada’s immigration system has been under strain. The backlog of immigration cases in 2024 and 2025 led to the Federal Court’s decision to extend the judicial review period, providing applicants more time to prepare their cases.
Key Changes: 75-Day Window for Judicial Review Requests
Previously, applicants had just 30 days to perfect their judicial review application. Now, with the 75-day extension, applicants can gather necessary documents, seek legal advice, and build stronger cases.
The Impact of the New 45-Day Extension
Effective May 14, 2025, the new rules extend the deadline to 75 days for:
- Applicants who already have written refusal reasons.
- Those who receive written reasons after filing.
- Cases where no written reasons are provided by the immigration authority.
This extension allows applicants ample time to compile a robust case, enhancing their chances of success.
How to Apply for Judicial Review: A Step-by-Step Guide
The judicial review process may be complex, but understanding the steps is essential for a successful application. Follow this guide for clear instructions:
- File Your Judicial Review Application
Submit your application for judicial review to the Federal Court within strict timelines—15 days for those in Canada, 60 days for those outside. - Provide Proof of Service
After filing, serve your application to the immigration authority and file proof within 10 days. - Respondent Files a Notice of Appearance
The immigration authority has 10 days to file their response. - Request Written Reasons (If Needed)
If the refusal lacked written reasons, the Federal Court will request them from the tribunal. - Submit Your Applicant Record (New 75-Day Rule)
This is where the extended 75-day window comes into play. You must submit your complete applicant record within 75 days. - Respondent Submits Their Arguments
Once your record is submitted, the respondent has 30 days to file their legal arguments. - Optional Reply
You can file a reply to the respondent’s arguments within 10 days. - Court Reviews the Leave Request
The court will decide whether to grant permission for judicial review.
What Happens After Judicial Review?
Possible outcomes of judicial review include:
- Decision Upheld: The original decision stands if no legal errors are found.
- Case Sent Back for Reprocessing: If an error is identified, the case may be returned to the IRCC for reconsideration.
Why This 45-Day Extension Matters
The 75-day period is a significant improvement for applicants:
- More Time to Prepare: Applicants can now gather stronger evidence and seek legal guidance.
- Reduced Pressure: The extension alleviates the stress of tight deadlines, particularly for applicants outside Canada.
- Addressing Backlogs: The change reflects Canada’s effort to reduce the judicial review backlog, ensuring fairer access to justice.
Who Can Benefit from Judicial Review?
Judicial review is available for anyone who has received an unfair or incorrect immigration decision, including those whose applications for permanent residency, refugee claims, work permits, and family sponsorships were denied.
Why You Need an Immigration Lawyer
Navigating judicial review can be challenging, so having an immigration lawyer by your side is essential. A lawyer will help identify errors, build a strong case, and improve your chances of success.
Canada’s Immigration Challenges in 2025
The backlog in Canada’s immigration system has highlighted the need for reforms like the judicial review extension. This change ensures applicants have a better chance to challenge unfair decisions and access justice.
Conclusion: A New Opportunity for Immigration Applicants
The extension of the judicial review window is a significant step toward creating a fairer and more accessible immigration system. With 75 days to perfect your case, you have more time to ensure your judicial review application is thorough and well-prepared.
If you are considering judicial review, consult an immigration lawyer to assess your case and start the process promptly. This extended window could provide the opportunity you need to achieve your immigration goals in Canada.
Contact Fourth Dimension Immigration for filing Judicial Review