Canada Extends Time Limit for Immigration Judicial Review Applications

Due to an unprecedented surge in immigration-related court applications, the Federal Court of Canada has issued a Special Order extending the deadline to perfect an application for judicial review. This change is intended to preserve fairness and access to justice for litigants affected by the court’s processing delays.

On This Page You Will Find:

• Why the extension of time was introduced
• New timeline for perfecting immigration judicial review applications
• What happens to current and future cases
• How to apply for judicial review of an immigration decision
• Frequently asked questions

Why Was the Time Extension Introduced?

The Federal Court has experienced a dramatic increase in filings for judicial review of immigration and citizenship decisions. In 2024, application volumes were four times higher than the pre-pandemic average. That trend has continued into 2025, placing significant pressure on the Court’s Registry, which is also dealing with reduced resources.

To address this backlog and ensure applicants are not unfairly penalised due to Registry delays, the Court has taken proactive steps by extending the time limits for filing.

What Has Changed?

Under the May 14, 2025 Special Order by Chief Justice Paul S. Crampton:

• The usual deadlines under Rule 10(1) of the Federal Courts Citizenship, Immigration and Refugee Protection Rules have been extended by an additional 45 days.
• Applicants now have up to 75 days (instead of 30) to perfect an application for leave and judicial review, depending on when they receive the tribunal’s written reasons.

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

How To Apply for a Judicial Review of an Immigration Decision

If you disagree with an immigration decision made under the Immigration and Refugee Protection Act, you may file an Application for Leave and for Judicial Review in Federal Court.

Step 1: Confirm Eligibility and Timelines

You must apply within:

• 15 days if the decision was made inside Canada
• 60 days if the decision was made outside Canada

If these deadlines have passed, a request for an extension of time must be included in the application.

Step 2: Complete the Application (Form IR-1)

Your application must include:

• Applicant and respondent names
• Decision details and date
• Tribunal name and file number (if available)
• Requested relief and grounds for review
• Language preference and location for the hearing
• Proof of whether tribunal reasons have been received
• Applicant’s or legal representative’s contact details

Step 3: Serve and File the Application

• Serve a certified copy of the application on the respondent(s) by personal delivery.
• File the application with the Court registry.
• Pay the $50 filing fee via credit card, debit, cheque or money order.

Step 4: File Proof of Service

You must file proof that the application was served within 10 days of service.

Step 5: Wait for Notice of Appearance

The respondent must file a Notice of Appearance (Form IR-2) within 10 days. If they fail to do so, they will not receive further documents in the case.

Step 6: Receive Tribunal Reasons

If you have not received written reasons from the tribunal, the Registry will request them.

Step 7: File the Applicant’s Record

You must file your record within 30 days of:

• Filing the application (if you already had tribunal reasons), or
• Receiving the tribunal’s reasons or notice confirming none are available

Your record must include:

• The application
• Decision and reasons (or notice of no reasons)
• Supporting affidavits
• Memorandum of argument
• Language statement

Step 8: Respondent’s Submissions

The respondent has 30 days to file affidavits and a memorandum of argument in response.

Step 9: Reply (Optional)

You may reply with a memorandum within 10 days of receiving the respondent’s submissions.

Step 10: Leave Decision

The Court decides whether to grant leave without a hearing. If leave is denied, the case ends. There is no appeal from a refusal of leave.

If Leave Is Granted

• The Court will set a hearing date and deadlines for further steps.
• The tribunal must submit its full record to the Court.
• A hearing must occur within 30 to 90 days unless both parties agree to an earlier date.
• The hearing involves oral submissions only – no new evidence is introduced.

If the Court rules in your favour, it may send your case back to the tribunal for reconsideration.

Note: You can only appeal a decision if the judge certifies that it raises a serious question of general importance.

Frequently Asked Questions