Canada's Federal Court officially significantly extends the timeframe for immigration applicants to request judicial review of rejected applications. Applicants now have more time and clarity in the appeal process, thanks to the decision announced on May 14, 2025, a welcome respite for those seeking justice.
This update is especially important for those who are considering or already pursuing a judicial review of their immigration decision. The new timeline gives individuals 75 days to perfect their application for judicial review instead of the previous 30-day limit.
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What’s New? Canada Judicial Review Process Extended
Canada's Federal Court has lengthened judicial review periods substantially from thirty days to seventy-five days recently. Immigration applicants now get 45 extra days, mostly to prep and submit quite lengthy applications for review of their thorny decisions. Change implemented in 2024 drastically tackles mounting judicial reviews related to immigration and is slated to boost efficiency, ensuring applicants a fair shot somehow.
Highlights of the New Judicial Review Changes
| Old Rule | New Rule |
|---|---|
| 30 days to perfect the application for judicial review | 75 days to perfect the application for judicial review |
| Limited time to gather and submit the applicant record | More flexibility to collect documents and prepare a complete case |
| Faster deadlines created stress for applicants | Extended deadlines offer fairer, more reasonable timelines |
What Is a Judicial Review in Canadian Immigration?
A judicial review is a legal process where the Federal Court of Canada reviews an immigration officer’s decision to ensure it was made fairly and according to the law. If the Court finds a legal error or unfairness, it may send the case back to the immigration department for reconsideration.
Why Did Canada Extend the Deadline?
- Massive backlog in immigration judicial review cases since 2024
- Increased demand for fairness in decisions
- Need for more time for applicants to gather necessary documentation
- Pressure on the Federal Court to allow reasonable timelines
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Step-by-Step Guide: How to Apply for Judicial Review in Canada
Below is the detailed step-by-step process to apply for a judicial review of immigration decisions under Canada’s updated rules:
| Step | Action | Deadline |
|---|---|---|
| 1 | Submit initial application for judicial review | Within 15 days (inside Canada) or 60 days (outside Canada) |
| 2 | Serve your application to the respondent | As soon as possible |
| 3 | File proof of service | Within 10 days of service |
| 4 | Respondent files Notice of Appearance | Within 10 days of being served |
| 5 | Court requests written refusal reasons (if not included) | Promptly after initial filings |
| 6 | Receive refusal reasons or notification that they don’t exist | Tribunal must act quickly |
| 7 | Submit applicant record (now extended) | Within 75 days of: filing an application, or receiving the reasons |
| 8 | Respondent files reply arguments | Within 30 days of the applicant's record |
| 9 | Optional applicant reply | Within 10 days of receiving the respondent's reply |
| 10 | The court decides on leave | If granted, a hearing date is set |
Key Benefits of This Change
- More time for applicants to prepare a stronger case
- Reduces pressure to rush document collection
- Helps ensure decisions are made on complete, accurate records
- Increases transparency and fairness in immigration law
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What Are the Possible Outcomes?
After the review process, the Federal Court may:
- Uphold the original decision:
- Send the case back for reconsideration:
If no legal errors are found
If unfairness or a legal mistake is found (Note: Reconsideration does not guarantee a different result)
How Visa Solutions 4u Can Help You with Judicial Review in Canada
Visa Solutions 4u is your trusted immigration expert, offering personalized assistance to clients across India and worldwide. Here’s how they can help:
- Assess your immigration decision to determine if judicial review is viable
- Prepare and file your application for judicial review
- Guide you through all steps, from document collection to hearing
- Liaise with legal experts and immigration consultants
- Help you meet the 75-day deadline efficiently and confidently
Whether you’ve received a refusal letter, need to challenge an unfair immigration decision, or just want to understand your options, Visa Solutions 4u is here to simplify the process and boost your chances of success.
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Conclusion: Fairer System, Brighter Future for Applicants
With the Federal Court extending the judicial review timeline to 75 days, immigration applicants in Canada now have a stronger chance to appeal unjust decisions. This step marks a positive shift toward transparency, justice, and improved processing efficiency.
If you or someone you know is dealing with a rejected immigration decision, understanding your rights and acting within the new 75-day window is crucial.
