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Extended Deadline for Judicial Review Applications

Extended Deadline for Judicial Review Applications

Canada extends judicial review deadline to 75 days. Learn how a judicial review immigration lawyer can guide applicants through IRCC refusal challenges.

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On May 14, 2025, the Federal Court of Canada confirmed a significant procedural update that directly affects immigration refusal cases. The deadline for filing an application for leave and judicial review has been extended from 15 days to 75 days for decisions made outside Canada. This amendment alters the legal landscape for applicants facing visa refusals, inadmissibility decisions, or delays from Immigration, Refugees and Citizenship Canada (IRCC).

A judicial review immigration lawyer now plays a more complex and time-sensitive function in advising clients on the revised timeline, available remedies, and procedural requirements.

Understanding how this 75-day window impacts the legal course—and how to act within it—has become a central concern for those navigating immigration refusals.

What Is the Judicial Review Application Window & Why Does It Matter

Judicial review allows applicants to challenge immigration decisions that appear to be procedurally unfair or legally unreasonable. However, this is not a re-evaluation of facts. The Federal Court does not substitute its opinion for that of the original decision-maker. Instead, the focus remains on whether the decision aligns with the law and procedural fairness.

Previously, individuals whose immigration applications were refused outside Canada had only 15 days to initiate the application for leave and judicial review. Missing this window meant losing the chance to challenge the decision, regardless of merit.

The expanded 75-day timeframe gives more breathing room, but also raises expectations regarding document preparation and procedural correctness. Early consultation with a judicial review immigration lawyer can determine if the case warrants legal intervention or if alternative remedies exist.

The New 75‑Day Rule: Overview of the May 14, 2025 Change

As of May 14, 2025, applicants challenging immigration decisions made outside of Canada now have 75 days—up from 15—to apply for leave and judicial review at the Federal Court. The 15-day deadline still applies to decisions made inside Canada.

This procedural change followed growing legal pressure regarding administrative fairness and access to justice. The tight 15-day deadline, particularly for applicants outside Canada facing time zone differences and document retrieval delays, created significant hardship. The Federal Court acknowledged this burden and responded with the extension.

Although the deadline has been adjusted, the legal rigour required for filing remains unchanged. The leave stage still requires a detailed affidavit, a notice of application, and legal arguments within a specific framework. Legal help for immigration judicial review applications is now even more crucial under this extended timeframe, as strategic errors can still result in dismissal.

Who Benefits: Candidates with IRCC Refusals, Visa Denials, or Misrepresentation Findings

The extended judicial review deadline benefits a range of immigration applicants, including:

  • Temporary Resident Visa (TRV) applicants who received unclear or inconsistent refusal reasons.
  • Study or work permit applicants facing refusals due to “lack of ties to home country” or subjective credibility assessments.
  • Family sponsorship applicants whose applications were denied due to the perceived inauthenticity of the relationship.
  • Permanent residency candidates facing misrepresentation findings under section 40 of the IRPA.
  • Individuals denied on medical or criminal inadmissibility grounds.

In all such cases, judicial review remains the only legal avenue to challenge a decision where no appeal right exists. A judicial review immigration lawyer assesses whether the decision involves reviewable legal errors, prepares the case, and files it within the applicable deadline.

Step‑by‑Step: How the Extended Deadline Affects the Judicial Review Process

The extension alters the procedural flow for applications related to decisions made outside Canada.

The basic stages remain the same:

  1. Decision Received from IRCC: The clock starts when the decision is communicated.
  2. Legal Assessment: A judicial review immigration lawyer evaluates whether the decision is legally reviewable.
  3. Drafting of Affidavit and Notice of Application: These documents require precision and case-specific legal arguments.
  4. Filing the Leave Application: Must be done within 75 days of the date the immigration decision is communicated to the applicant.
  5. Department of Justice Response: IRCC, through DOJ lawyers, may file a response.
  6. Leave Decision: If leave is granted, the case proceeds to a hearing.
  7. Judicial Review Hearing: Arguments are presented before a Federal Court judge.

The new deadline provides additional time for document collection, case development, and strategic discussions. However, it does not reduce the level of scrutiny applied by the court. Submissions must still meet evidentiary and procedural standards, which is why legal help for immigration judicial review cases remains indispensable.

How a Judicial Review Immigration Lawyer Provides Critical Legal Help

The legal process demands more than technical filing. A judicial review immigration lawyer offers informed analysis of whether IRCC’s decision involved legal errors, breached procedural fairness, or failed to consider relevant evidence.

Proper legal counsel:

  • Reviews the IRCC refusal or inadmissibility decision in detail.
  • Identifies breaches in natural justice, errors of law, or irrational reasoning.
  • Prepares affidavits that outline the factual context and relevance.
  • Crafts persuasive arguments for the leave stage.
  • Responds to DOJ arguments if the case proceeds.
  • Manages timelines and procedural requirements within the 75-day window.

For applicants facing complex or emotionally charged refusals, having a legal advisor equipped with litigation experience and knowledge of immigration law is not merely helpful—it is strategic.

IRCC & Federal Court: What This Extension Signals About Systemic Backlogs

The 75-day extension may reflect broader concerns within Canada’s immigration system. Backlogs, inconsistent reasoning, and prolonged processing times have triggered growing scrutiny. The Federal Court likely recognized that extremely short timelines to challenge IRCC decisions placed unfair procedural pressure on applicants who were already navigating a burdensome system.

While this update does not resolve the underlying causes of refusal or delay, it provides applicants and legal counsel with a more realistic opportunity to address grievances. Judicial review remains an essential tool for holding immigration decisions to account—but only if used properly.

Tips for Preparing Your Judicial Review IRCC Application Under the New Timeline

Even with more time, applicants must act carefully and methodically.

The following tips can guide early steps:

  • Act Quickly After Receiving a Refusal: Waiting too long—even within the 75-day window—may limit the ability to gather supporting documents.
  • Request the Full IRCC File: An Access to Information and Privacy (ATIP) request can help understand the internal reasoning behind the refusal.
  • Secure Legal Representation Early: Engaging a judicial review immigration lawyer early allows for a clear legal assessment and avoids procedural missteps.
  • Avoid Self-Representation in Complex Cases: Judicial review is a legal process that involves federal court rules, evidentiary requirements, and legal precedents.
  • Keep All Records and Communication: Every email, application form, and decision letter may become part of the legal file.

Next Steps: When to Contact a Judicial Review Immigration Lawyer

Immigration refusal decisions can have significant consequences, including lost opportunities, family separation, or reputational harm. Delaying action, even under the revised 75-day window, could jeopardize the chance to seek review. Contacting a judicial review immigration lawyer as soon as a decision is issued can make the difference between a dismissed application and a case proceeding to a hearing.

For candidates abroad or in Canada, understanding timelines and Federal Court procedures is complex. The Law Office of Tià Sherene McCalla provides clear, experienced guidance at every step, from legal analysis to full court representation.

Final Word on the Extended Deadline

The extended deadline offers a broader window, but not a second chance. Immigration decisions can carry life-altering consequences, and judicial review remains a serious legal undertaking. Those who act quickly, prepare carefully, and consult experienced legal counsel are more likely to present a strong case.

Contact The Law Office of Tià Sherene McCalla today, and speak with a lawyer to understand judicial review for immigration decisions in detail.

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