The Federal Court of Canada has extended the time limits for filing immigration judicial review applications. This move aims to help applicants amid growing court delays.
Why Was the Deadline Extended?
The Federal Court has seen a sharp rise in immigration-related court cases. In 2024, filings were four times higher than before the pandemic. This surge has continued into 2025.
The Court’s Registry is under pressure with fewer resources and more cases to manage. To avoid penalizing applicants due to delays, the Court extended deadlines.
What Is the New Timeline?
A Special Order issued on May 14, 2025, by Chief Justice Paul S. Crampton changed the rules.
- The usual 30-day deadline to perfect an application is now extended by 45 days.
- Applicants have up to 75 days, depending on when they receive the tribunal’s written reasons.
- This applies to all unperfected immigration and citizenship judicial review cases.
What Does “Perfecting an Application” Mean?
Perfecting an application means completing all steps to file a judicial review properly. It involves submitting all documents, paying fees, and following court rules.
Failing to perfect an application on time can lead to dismissal. The extension gives applicants more time to meet these requirements.
How to Apply for a Judicial Review of an Immigration Decision
If you disagree with an immigration decision under the Immigration and Refugee Protection Act, you can seek a judicial review in Federal Court.
Here’s a step-by-step guide:
- Check Your Deadlines
- If the decision was made inside Canada, apply within 15 days.
- If the decision was made outside Canada, apply within 60 days.
- If you miss the deadline, you must request an extension in your application.
- Complete the Application Form (IR-1)
Include:- Names of applicant and respondent.
- Details and date of the decision.
- Tribunal name and file number, if known.
- Grounds for the review.
- Language preference and hearing location.
- Proof if you have received the tribunal’s reasons.
- Contact information.
- Serve and File Your Application
- Serve a certified copy to the respondent by personal delivery.
- File it with the Court registry.
- Pay the $50 filing fee.
- File Proof of Service
File proof you served the respondent within 10 days. - Wait for Respondent’s Notice
The respondent must file a Notice of Appearance (Form IR-2) within 10 days. If they do not, they will not receive further documents. - Receive Tribunal Reasons
If you have not received written reasons from the tribunal, the Registry will request them. - File Your Record
File your full record within 30 days of either:- Filing your application (if you already had tribunal reasons), or
- Receiving tribunal reasons or a notice that none are available.
- Your record includes:
- Application.
- Decision and reasons.
- Supporting affidavits.
- Memorandum of argument.
- Language statement.
- Respondent’s Submissions
The respondent has 30 days to reply with affidavits and arguments. - Reply (Optional)
You may file a reply memorandum within 10 days of the respondent’s submission. - Court’s Leave Decision
The Court decides whether to grant leave without a hearing. If denied, the case ends. There is no appeal.
What Happens If Leave Is Granted?
The Court will set a hearing date and deadlines. The tribunal must submit the full record. Hearings occur within 30 to 90 days, unless parties agree otherwise.
The hearing involves oral arguments only. No new evidence can be introduced.
If the Court rules in your favour, it may send the case back to the tribunal for reconsideration.
Why Is This Important?
This deadline extension helps ensure fairness. Applicants get extra time to complete their cases despite court delays.
If you are thinking about filing for judicial review, know the new deadlines and steps. Missing deadlines without asking for extensions could cost you your chance.
Final Words
The surge in immigration court cases shows how important access to justice is. The Federal Court’s extension gives applicants more time to prepare.
If you face an immigration decision you believe is wrong, filing a judicial review is an option. Follow the steps carefully, meet the deadlines, and seek legal help if you can.
This change helps ensure that all applicants can fairly present their cases, even during a busy time for the courts.