In a significant and reassuring process adjustment, Canada has prolonged the time for refused immigration candidates to seek judicial review in the national court. Starting from May 14, 2025, candidates currently have 75 days, up from the previous 30 days, to present their complete case accounts. This extended period provides a sense of relief, allowing candidates to prepare their cases more thoroughly.
This modification is suitable for individuals seeking ways to challenge immigration decisions, particularly amid the ongoing surge in visa rejections across the study, visitor, and work permit categories.
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What Altered: Major Information Of The New Law
Under the new National Court policies, the extended 75-day opening period is applied to all judicial check requests filed between January 1, 2024, and December 31, 2025. Below is what the duration comprises of:
Beginning point: The 75-day start from:
- The date the leave request is filed,
- The date written motives for rejection are acquired (if they were not initially given,
- The candidate is notified that no written motives will be provided on the date.
This extension provides candidates with additional time to assemble documentation, consult with legal professionals, and present a well-prepared case, which is crucial when navigating the emotional and logistical pressures of a visa rejection.
Meaning Of Judicial Review
Canada’s national court employs a two-phase procedure, referred to as a judicial review, to assess whether an immigration judge has adhered to the rules.
- Leave to apply: First, the candidate demands authorization (leave) from the court to check the decision.
- Complete review (if authorized): If leave is granted, the court may send the decision back for reconsideration. However, it does not provide a new visa decision itself.
This procedure provides a lawful route for candidates who believe their rejection is due to a mistake or procedural unfairness.
Step-by-step Guide: Filing For Judicial Review
Below is the way candidates can file for judicial checks in Canada:
1. File Initial Request
File a request for leave and judicial check with the Federal court. This must be carried out within 15 days if you are in Canada or within 60 days if you are overseas.
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2. Serve The Request
You are required to officially serve your request to the immigration authority, which is the respondent, and file evidence of service with the court within 10 days. The immigration authority, or the respondent, is the party responsible for defending the original decision during the appeal process.
3. Respondent Replies
The respondent then possesses 10 days to file a notification of appearance after being served the application.
4. Court Demands Motives
If your rejection letter does not include written reasons, the court will require them from the immigration authority (usually referred to as the tribunal). This step is crucial, as it ensures that all decisions are based on clear and transparent reasons, a fundamental aspect of a fair judicial process.
5. Tribunal Offers Motives
The tribunal is required to offer these motives then or verify that there is no reason to do so.
6. Present Candidate Record
This is where the extended time becomes useful. You now have up to 75 days from the specified starting point to submit all accompanying documents, address any legal queries, and provide detailed case information.
7. Respondent’s Proof
The immigration unit then has 1 month to respond with its testimonials and legal arguments.
8. Alternative Reply
The candidate may file a response within 10 days of the respondent’s presentation of proof.
9. Court Judgment On Leave
Lastly, the court determines whether to award leave. If awarded, a date for a hearing is provided. If refused, the original decision remains unchanged and cannot be appealed.
Note: Even if the court forwards the decision for deliberation, there is no assurance of authorization.
This extended 75-day portal highlights a significant step toward enhancing fairness in Canada’s immigration procedure. While it does not repair the increased rejection rates, it provides candidates a better opportunity to develop stronger cases and challenge decisions they assume were made in mistake. This emphasis on fairness should instill confidence in the new process.
As refusal rates continue to increase, this new guideline could serve as a lifeline, primarily for international students, experienced employees, and families seeking to make Canada their temporary or permanent residence. This reiteration of the potential benefits should leave the audience feeling hopeful about their immigration prospects.
