Good news for immigration applicants: Canada has extended the time you get to apply for a court review if your immigration application was refused. If you think your application was wrongly rejected, you now have more time to take legal action.
Previously, applicants only had 30 days to perfect their application for judicial review. But as of May 14, 2025, Canada’s Federal Court has introduced special measures that give applicants an extra 45 days to complete their court challenge paperwork. That means you now have 75 days in total to submit all required documents after requesting a review.
This change was made because of the huge number of court review requests that built up in 2024 and 2025. Many people felt they didn’t have enough time to prepare everything properly. Now, the process gives more breathing room to get things done right.
What is a Judicial Review?
If your immigration application gets refused and you believe it was due to a mistake or misunderstanding, you can ask a Canadian federal court to review that decision. This process is called a judicial review.
You don’t go straight to a full court hearing. First, you must apply for “leave” – which means you’re asking the court for permission to review your case. If the court agrees, then it will move forward to actually review your case and possibly order it to be reconsidered.
What Has Changed Now?
The biggest update is about how much time you get after applying for leave. Under the new rule, once you file your leave application:
- You now have 75 days to complete and submit your full documents (called an “applicant record”).
- Before this change, you only had 30 days to do this.
When does this 75-day period start?
The 75-day countdown begins from one of the following, depending on your situation:
- The day you file your initial leave application
- The day you receive written reasons for your refusal (if not included originally)
- The day you are informed that no written reasons are available
This change also applies to any applications already in progress that haven’t been reviewed yet. So if you’ve already filed a leave application and are waiting, this applies to you too.
How Does the Judicial Review Process Work?
Here’s a simplified explanation of how the process goes if you want to challenge your immigration refusal in Federal Court:
- Submit an Application for Leave and Judicial Review
- If you’re inside Canada: apply within 15 days of receiving the decision.
- If you’re outside Canada: apply within 60 days of receiving the decision.
- Serve the Application
- You must send a copy of your application to the immigration office or the agency that made the decision.
- Then, you must file proof that you served them, within 10 days.
- Wait for the Respondent’s Reply
- The government will respond with a Notice of Appearance within 10 days after being served.
- Court May Request Written Reasons
- If your refusal didn’t include detailed reasons, the court will ask the decision-maker (called the tribunal) to provide them.
- Tribunal Sends Reasons or Explains They Don’t Exist
- They must respond quickly and either give reasons or inform that none are available.
- You Submit Your Applicant Record (This Is Where the 75 Days Apply)
- This includes all documents, legal arguments, and supporting evidence.
- You must do this within 75 days, depending on when you received the reasons.
- Government Submits Their Reply
- They have 30 days after receiving your record to send their side of the case.
- Optional Final Reply From You
- You can respond to their arguments if you want, within 10 days.
- Court Decides Whether to Allow Judicial Review
- If the court grants leave, you’ll move forward to a hearing.
- If the court refuses leave, your case ends there and cannot be appealed further.
What Can Happen After the Review?
If the Federal Court finds that the immigration decision was made fairly and legally, your refusal will stand.
But if the court finds that the decision involved an error of law or process, it may send your application back to be reviewed again – giving you a fresh chance without needing to start over completely.
1. Who can apply for judicial review?
Anyone who received a refusal on their immigration application and believes there was a legal mistake or unfair process.
2. What is a “leave” in judicial review?
“Leave” means permission. You must first get the court’s approval before your case can go to full review.
3. What if I already applied for leave before this rule changed?
Good news — this new 75-day rule applies to you too, as long as your case hasn’t been decided yet.
4. Can I get a lawyer to help me with this?
Yes, and it’s often a good idea. Immigration lawyers are experienced in handling judicial reviews and can prepare your documents correctly.
5. Is there a chance the court will reverse the refusal?
The court does not make immigration decisions directly. If they find a legal issue, they will send your case back to the immigration office to be reconsidered.
If your immigration application was refused and you feel it was unfair, this update gives you more time and better chances to challenge it properly. It’s an important step to ensure everyone has enough time to present their side clearly in court.
For help with your case or to understand whether you qualify for judicial review, reach out to Ask Kubeir today.
Would you like a consultation to explore your Canadian work options? Contact Ask Kubeir today!
📌 If you believe your VISA application should be showcased in the most favorable light when submitting to immigration, feel free to book our services.
📌 To book an appointment with Kubeir – Licensed Canadian Immigration Consultant, click the “Book Appointment”
📲 You may also reach us at this number for all immigration-related services:
- (+𝟭) 𝟰𝟯𝟳-𝟳𝟳𝟳-𝟯𝟳𝟳𝟳 (Canada)
- +971 45 26 4646 (Dubai)
Disclaimer: This is for informational purposes only and not legal advice. Always consult experts like us or the official IRCC website for up-to-date details.