If your Canadian immigration application was recently refused, there’s good news: you now have more time to appeal the decision. In a move to address growing backlogs, Canada’s Federal Court has extended the deadline for requesting judicial review of immigration decisions. Let’s break down what this means for you and how to navigate the updated process.
On May 14, 2025, the Federal Court announced special measures to ease pressure on its overwhelmed system. Previously, applicants had just 30 days to file for judicial permission (called “leave”) to review a refusal. Now, you have 45 additional days to perfect your application after submitting the initial request.
Total time to submit full records: 75 days (up from 30).
Effective for applications filed after May 14, 2025.
Goal: Reduce backlogs caused by a surge in judicial review requests in 2024–2025.
This extension gives applicants critical extra time to gather evidence, consult lawyers, and build stronger cases.
Here’s how the updated process works:
| Step | Action | Deadline |
|---|---|---|
| 1 | File initial application for leave | 15 days (in Canada) / 60 days (outside Canada) after refusal |
| 2 | Serve application to respondent (e.g., IRCC) | Within 10 days of filing |
| 3 | Respondent files Notice of Appearance | 10 days after being served |
| 4 | Tribunal provides written refusal reasons (if missing) | “Without delay” after court request |
| 5 | Submit full applicant record (documents + arguments) | 75 days from filing OR receiving reasons |
| 6 | Respondent submits counter-arguments | 30 days after receiving your record |
| 7 | Optional reply to respondent’s arguments | 10 days after receiving their submission |
| 8 | Court decides whether to grant leave | No fixed deadline |
If leave is granted: A hearing date is set, and the court reviews the case for legal errors.
If leave is denied: The decision is final (no appeal).
More time to prepare: The extra 45 days helps applicants collect stronger evidence, translate documents, or consult experts.
Reduced stress: Complex cases (e.g., needing medical or police checks) won’t face rushed deadlines.
Fairer outcomes: Errors in visa officer decisions (e.g., misinterpreting NOC codes) can be corrected.
Q: How do I start a judicial review?
A: File an “Application for Leave and for Judicial Review” with the Federal Court within 15–60 days of refusal (depending on your location).
Q: Can I appeal if my study permit was denied?
A: Yes! Judicial review applies to most immigration decisions, including visas, PR refusals, and inadmissibility rulings.
Q: What if the tribunal provides no refusal reasons?
A: The 75-day clock starts when you receive notice that no reasons exist.
Q: Do I need a lawyer?
A: While not mandatory, legal guidance improves success rates. Consult our RCIC team for case-specific advice.
Maria’s Story:
Maria, a nurse from Brazil, applied for permanent residency under the Canadian Experience Class. Her application was denied because IRCC claimed her work hours didn’t meet requirements.
Old system: Maria had 30 days to submit her full appeal record. With her employer slow to provide pay stubs, she missed the deadline.
New system: The 75-day window gives Maria time to gather missing documents and strengthen her case.
Act fast: Initial leave applications still have tight deadlines (15–60 days).
Use the extra time wisely: Strengthen your applicant record with expert help.
Outcomes aren’t guaranteed: Even if the court orders a reassessment, IRCC could reaffirm the refusal.
Author Bio:
Sanjay Prasher is a Regulated Canadian Immigration Consultant (RCIC) with over 10 years of experience. He specializes in Express Entry, Provincial Nominee Programs (PNPs), and Global Talent Stream LMIA applications. Need help appealing a refusal? Book a consultation with Sanjay’s team.
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