In a significant development for Canada’s immigration system, the Federal Court has extended the timeframe for applicants to request Canada’s judicial review of immigration decisions. This change, announced on May 14, 2025, provides applicants with an additional 45 days to apply for judicial leave, allowing for a more comprehensive preparation of their cases.
Judicial review is a legal process that allows individuals to challenge decisions made by federal immigration authorities. In Canada, this process involves two key stages:
- Application for Leave: The applicant must seek permission from the Federal Court to proceed with a judicial review.
- Judicial Review: If leave is granted, the court examines the merits of the case to determine if the original decision was reasonable and lawful.
Previously, applicants had 30 days to apply for leave after receiving a decision. With the new measures, this period has been extended to 75 days, providing applicants more time to prepare and submit their applications.
Key Changes in the Judicial Review Process
1. Extended Timeframe for Application
Applicants now have 75 days to perfect their application for leave, up from the previous 30 days. This extension applies from the date of filing the initial application or from the date of receiving the written reasons for the refusal, whichever is later.
2. Streamlined Procedure
The Federal Court has implemented measures to expedite the judicial review process, aiming to reduce the backlog of cases and provide quicker resolutions for applicants.Canada Immigration Services
3. Impact on Applicants
This extension allows applicants more time to gather necessary documentation, seek legal counsel, and prepare a robust case, thereby improving their chances of a successful review.BorderPass
How to Apply for Judicial Review
To initiate a judicial review, applicants must:
- File an Application for Leave: Submit a formal request to the Federal Court within the prescribed timeframe.
- Serve the Application: Provide a copy of the application to the respondent (the immigration authority).
- Submit the Applicant’s Record: Prepare and file a comprehensive record of all relevant documents and arguments.
- Respondent’s Submission: The immigration authority will have an opportunity to respond to the application.
- Court’s Decision: The Federal Court will review the submissions and make a determination on whether to grant leave for judicial review.
Importance of Legal Representation
Navigating the judicial review process can be complex and challenging. Seeking assistance from experienced immigration consultants or legal professionals can provide valuable guidance and increase the likelihood of a favorable outcome.
Conclusion
The extension of the application window for judicial review is a positive step towards ensuring fairness and thoroughness in Canada’s immigration system. Applicants now have more time to prepare their cases, leading to more informed decisions and better outcomes. For personalized assistance and expert advice on immigration matters, consider consulting with professionals who specialize in Canadian immigration law.
