In the month of May 2025 the Federal Court of Canada made an important change in the judicial review timeline process and this will impact thousands of immigrants in a better way. The Federal Court of Canada has extended the deadline to perfect a judicial review application from 30 days to 75 days. This will give more time to immigrants who are facing refusals to perfect the judicial review application to challenge the refusals at the Federal court.
Let’s understand what is judicial review application.
When your application is refused such as Study Permit, Work Permit, SOWP and PR application and you believe that your application refusal is unfair, unreasonable, or procedurally incorrect you can challenge it in the court. You can call it as review of the decision making process. You have to file the judicial review at the Federal court.
Most commonly Judicial reviews are filed among these applications:
- Visitor Visa Refusals also know as Tourist Visa Refusal
- Permit Refusals such as Study Permit and Work Permit
- Permanent Residency applications refusals
- Refugee claims refusals
- Detention and Removal orders
New Changes in 2025
Earlier applicants only had 30 days from filing the leave application to submit all supporting materials, including affidavits and legal arguments. Now, in the new rules applicants now have 75 days to perfect the application for leave for judicial review.
Implication of this change
- It will aide the applicants who have invested resources in application to develop stronger legal case.
- It will reduce stress on applicants as they will have more time now.
- It will positively impact the processing delays and backlog of pending cases.
Process of Judicial Review in Immigration
- 1.Decision on your application made(application refused)
- 2.You file Leave for Judicial Review(Within 15-60 days)
- Inside Canada- within 15 days of the decision
- Outside Canada-within 60 days
- 3.Perfect the application: Submit all the necessary documents
- Affidavit
- Legal Memorandum
- Supporting Evidence( e.g. email ,refusal letters, policy guidelines)
- 4. Federal Court reviews the application
- Federal Court will decide whether to grant “leave” (permission to proceed”)
- If granted, a hearing may be scheduled
- If the outcomes positive then, original decision may be overturned or application reevaluated
Who can apply for Judicial Reviews ?
Anyone who has applied for visa application and believes his/her application is refused unfairly. Most common are :
- International Students
- Work permit applicants
- Spousal sponsorship applicants
- PR applicants
Examples where Judicial Review can be applied
- Visitor visa refused without considering financials-Procedural fairness issue.
- Work Permit Rejected despite valid job -Reasons can be challenged.
- Application refused with vague explanation-Lack of justification.
Some Mistakes to avoid in Judicial Review
- Delaying your JR application-Deadlines are strict
- Not attaching the refusal letter- It’s a must to have document in the JR
- Weak and Poor Affidavit- Use proper and adequate legal format
- Confusion between Judicial Review and Reconsideration- Reconsideration is submitted to IRCC and JD is filed at Federal court, both are drastically different.
- Applying by without legal counsel- It reduces the chances of success
Summary
- Applicants now have 75 days to perfect the judicial review applications
- The is a welcomed change as it gives more time to applicants to seek fairness in their applicantions
- JR is a powerful and resourceful legal tool but it’s also complex one
- Before filing a JR application consult an lawyer