In a move aimed at enhancing fairness in immigration decision appeals, Canada has officially extended the deadline for rejected visa applicants to file for judicial review in the Federal Court. Effective May 14, 2025, the new policy gives applicants 75 days—up from 30—to prepare and submit their case records.
This update is a significant win for applicants facing high refusal rates, especially international students, skilled workers, and temporary visa seekers.
🔍 What Changed?
The new rules apply to judicial review applications filed between January 1, 2024, and December 31, 2025. The 75-day window begins from one of the following:
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The date the leave application is filed;
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The date written refusal reasons are received (if not initially provided);
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Or the date the applicant is informed no reasons will be issued.
This extra time offers applicants better opportunities to:
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Consult immigration lawyers
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Organize evidence
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Build stronger legal arguments
This is crucial when responding to rejections that could impact study plans, work opportunities, or family reunification.
🧾 Understanding Judicial Review
Judicial review is a two-step legal process used to challenge immigration decisions in Canada’s Federal Court. It doesn’t guarantee a visa but reviews whether the decision followed the law.
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Leave to Apply – Applicant requests the court’s permission to proceed.
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Full Review – If leave is granted, the court may send the decision back for reconsideration.
The court does not issue a new visa decision itself.
✅ How to File for Judicial Review – Step-by-Step
Here’s a brief outline of the judicial review process:
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Initial Filing – Submit an application within 15 days (inside Canada) or 60 days (outside Canada).
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Service – Serve the application to IRCC within 10 days.
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Response – The immigration authority files a notice of appearance.
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Request for Reasons – If not included in the refusal, reasons are requested.
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Tribunal Response – Reasons are provided or confirmed unavailable.
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Submit Applicant Record – Now allowed up to 75 days to submit all case documents.
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Respondent’s Evidence – IRCC replies within 30 days.
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Optional Reply – Applicant can respond again within 10 days.
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Court’s Decision on Leave – If leave is granted, a hearing is scheduled.
📌 Why This Matters
With rejection rates on the rise across study, work, and visit visas, this extension gives more breathing room to applicants navigating the appeals process. While it doesn’t address the core causes of high refusal rates, it creates a fairer legal opportunity for those seeking to challenge decisions they believe were made in error.
If you’re planning to file for judicial review, now is the time to act wisely—seek legal counsel early and make the most of this extended timeframe.