Canada has officially extended the time period for applicants to seek judicial review after receiving a negative immigration decision. This policy change marks a significant shift in how long individuals have to challenge immigration refusals through the Federal Court system.
Longer Timeline for Immigration Appeals
Previously, immigration applicants who received a refusal decision only had 15 days to apply for judicial review if they were located inside Canada, and 60 days if they were outside the country. As of May 10, 2025, those timelines have been extended to 60 days for both in-Canada and overseas applicants.
This amendment applies to most immigration and refugee decisions, including cases involving permanent residency, work permits, study permits, visitor visas, and more. It reflects the government’s commitment to ensuring fair access to the legal system for individuals navigating Canada’s complex immigration process.
What Is Judicial Review?
Judicial review is a legal process through which a Federal Court judge evaluates whether an immigration officer made an error in law or procedure when refusing an application. It is not a re-assessment of the merits of the case but rather an examination of whether the decision was fair and lawful.
Judicial review may be pursued in the following types of cases:
- Denial of a visa application (e.g., work, study, visitor)
- Rejection of a permanent residency application
- Refusals under Express Entry or the Provincial Nominee Program (PNP)
- Negative decisions on humanitarian and compassionate grounds
- Inadmissibility rulings
Why the Change Matters
The extension from 15 to 60 days for in-Canada applicants provides significantly more time to:
- Seek legal advice
- Gather relevant documentation
- Prepare a complete and well-argued application
Immigration lawyers and advocacy groups had long pushed for this change, citing the difficulty applicants faced in meeting tight deadlines—particularly when dealing with complex documentation or emotional stress.
The previous 15-day deadline often required immediate legal action, leaving many with insufficient time to understand the refusal, consult an immigration lawyer, and act appropriately. With 60 days now available, more applicants will have a fair chance to challenge refusals.
Impact on Legal Strategy and Access to Justice
The extended timeline aligns in-Canada applicants with those applying from abroad and contributes to a more consistent and equitable judicial review process. It also reduces the pressure on legal representatives and ensures that more applicants can access the Federal Court system without rushing through critical steps.
Immigration lawyers have welcomed the update, noting it will help applicants avoid unnecessary errors and strengthen their legal submissions. The change is particularly beneficial to vulnerable populations, including refugees, students, and families seeking reunification, who may struggle to navigate the legal system on short notice.
What Applicants Should Know
If your immigration application is refused, and you believe the decision was unjust, here are the general steps to initiate judicial review:
- Retain Legal Counsel: Judicial review involves legal procedures best handled by a lawyer familiar with immigration law and the Federal Court process.
- File a Notice of Application: This is the first formal step to inform the court that you are seeking a judicial review. It must now be filed within 60 days of the refusal decision, regardless of your physical location.
- Prepare Supporting Documents: You’ll need to show that there were errors in how the decision was made (e.g., failure to consider evidence, incorrect interpretation of the law).
- Await Leave Decision: The judge will decide whether your case can proceed to a full hearing.
- Attend Hearing (if granted leave): If the judge allows the case to proceed, both parties will present arguments, and the court may order the immigration department to re-evaluate your case.
Does the Extension Apply to All Cases?
The 60-day timeline applies broadly to immigration and refugee matters under federal jurisdiction. However, certain specialized or expedited immigration programs may still have unique procedures or deadlines. It’s important to review the exact details of the refusal notice or consult a legal professional to understand your options.
What This Means for the Future
Canada’s immigration system continues to evolve to ensure accessibility and procedural fairness. By extending the window for judicial review, the government acknowledges the importance of giving applicants a realistic chance to contest decisions that may affect their future in the country.
This reform represents a positive shift in immigration policy, increasing access to justice and making the immigration process more compassionate and responsive to the needs of applicants from around the world.
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