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New Extension for Judicial Review Requests
Effective May 14, 2025, the Federal Court of Canada has announced a 45-day extension in addition to the existing 30 days for submitting judicial review requests regarding immigration decisions. This is primarily due to the Court handling a backlog of cases from 2024 and 2025, causing processing delays.
Filing a Judicial Review
If you want to request a judicial review, you first must file a “Notice of Application” within 15 days of receiving your refusal letter, which is basically asking the Federal Court for an oral hearing.
Previously, if your application for permanent residency, a temporary resident visa, sponsorship, or another immigration matter was denied, you would have had 30 days to file the full application to the Federal Court for a judicial review under section 5(1) of the Judicial Review Procedure Act.
New Extension
With this new policy, applicants are being given an extra 45 days to prepare. Instead of 30 days, applicants now have 75 days in total to work on finalizing their judicial review request ensuring that all application requirements and supporting documents are met/included.
What Is a Judicial Review?
A judicial review is a legal process where a judge analyzes whether a government decision was made both legally and fairly. The judge does not re-do the decision of a tribunal or lower court but checks if the final decision is just and if it follows correct legal procedures. If there were any mistakes such as misinterpretation or an unfair process, the judge has the power to order the decision-maker to review the case again.
The Immigration and Refugee Board of Canada (IRB) is one of the organizations that makes these kinds of decisions. According to their website, the IRB is Canada’s largest independent tribunal for immigration and refugee issues, and they are legally required to follow laws and procedures to make fair decisions.
Steps For Filing a Judicial Review
Step 1: If you’re in Canada, you have 15 days to submit your application to the federal court after receiving your immigration decision. If you’re outside of Canada, you have 60 days to apply.
Step 2: Once you’ve filed your application, you need to send a copy to Immigration, Refugees and Citizenship Canada (IRCC). Then, you must show proof to the court that you sent it within 10 days of doing so.
Step 3: Receive a response from IRCC. IRCC has 10 days to tell the federal court whether they plan to participate in your case.
Step 4: If your refusal letter doesn’t clearly explain why your application was denied, the court may ask IRCC or the tribunal to provide those reasons. This is why it is recommended to seek help from a lawyer prior to submitting your application.
Step 5: If step 4 applies to you, the tribunal will either send the reasons for the refusal or inform the court that there aren’t any additional details.
Step 6: You need to submit all your supporting documents and arguments, known as your “application record,” within 75 days of filing your case.
How Canadim Can Help
Judicial reviews are not simple as many factors are involved. Because of the complexity and legal nature of the application process, it is crucial and recommended to seek help from an immigration lawyer. Contact us at Canadim to get a legal opinion today!
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