Federal Court Increases Judicial Review Time to 75 Days for Immigration Cases: What It Means

Canada’s Federal Court has made a significant procedural change for those challenging immigration decisions: as of May 14, 2025, applicants now have up to 75 days—an increase from the previous 30 days—to perfect their application for leave and judicial review. This move is a direct response to record-high backlogs and aims to preserve fairness and access to justice for litigants facing delays in the court system.

Why Was the Extension Introduced?

The volume of immigration-related judicial review applications surged dramatically in 2024 and 2025, reaching four times the pre-pandemic average. The Federal Court’s Registry, already operating with reduced resources, struggled to process this influx, risking unfair penalties for applicants simply due to administrative delays. To address this, Chief Justice Paul S. Crampton issued a Special Order extending the deadline to perfect applications by 45 days, giving applicants a total of 75 days.

What Has Changed?

• Previous Rule: Applicants had only 30 days after filing their initial request for judicial review to submit their full applicant record.

• New Rule: Applicants now have up to 75 days to perfect their application for leave and judicial review, starting from the date they file the initial application, receive written reasons for refusal, or are notified that no reasons are available.

This extension applies to all unperfected applications under the Immigration and Refugee Protection Act and the Citizenship Act.

Step-by-Step: The Judicial Review Process (With the New Timeline)

1. File Application for Judicial Review: Must be done within 15 days (if in Canada) or 60 days (if abroad) of the immigration decision.

2. Serve the Application: Proof of service must be filed within 10 days.

3. Respondent’s Notice of Appearance: The government files this within 10 days.

4. Court Requests Reasons (if not provided): The tribunal must send written reasons or state if none exist.

5. Perfect the Application: Applicants now have 75 days (instead of 30) to submit their full record and arguments.

6. Respondent’s Arguments: The government has 30 days to respond.

7. Optional Reply: Applicant may reply within 10 days.

8. Court Reviews Leave Request: If leave is granted, a hearing is scheduled; if refused, the process ends

   
   

Why Is This Extension Important?

• More Time to Prepare: Applicants can gather stronger evidence, consult with legal counsel, and build a more compelling case.

• Reduces Stress: The longer window eases the pressure, especially for those abroad or facing complex cases.

• Addresses Backlogs: By aligning deadlines with current court capacity, the change aims to reduce procedural dismissals due to rushed or incomplete filings.

• Fairer Access to Justice: The extension ensures that applicants are not unfairly penalized for delays beyond their control, improving the integrity of the immigration review process.

  
  

Potential Implications and Challenges

While the extension gives applicants and their lawyers more breathing room, it may also incentivize more filings, including those seeking to use the longer timeline for settlement negotiations rather than proceeding to hearings. This could further strain the already overstretched system. However, the Court views this as a pragmatic, necessary step to balance access to justice with administrative realities.

Conclusion

The Federal Court’s decision to extend the judicial review timeline to 75 days marks a pivotal shift in Canadian immigration law. It offers applicants a better chance to challenge decisions they believe are unfair or legally flawed, while also reflecting the broader pressures and evolving needs of Canada’s immigration system. Those considering judicial review should use this time strategically—ensuring their case is as strong as possible—to maximize their chances of success in a changing legal landscape.