The Federal Court has announced an extension to the deadline for applying for judicial review of immigration decisions. With this new measure, there are now 45 additional days to file an application for judicial leave, bringing the total time available to 75 days .
When Canada rejects a tourist visa, a student visa, a work permit (open, closed, or PWGP), or permanent residence, among others, and the applicant believes it is unfair or incorrect, they can resort to judicial review, a legal tool in the Canadian system that has very strict time limits, but which have now been extended.
Today we'll discuss the new deadline for requesting judicial review and the reasoning behind the change. Read this blog to the end, as it will help you clarify any questions you may have and secure legal support from Immiland Law, if needed. Let's get started!
This change is in response to the backlog of judicial review applications in recent years. The high demand has led the authorities to relax the deadlines so that applicants can present their arguments in a more complete and organized manner.
Previously, they had 30 days to present a compelling application; now they have a full 75 days to craft it much more effectively from the outset, so that it can be argued more clearly and based on sound legal principles.
The process consists of two stages:
Important! Applicants must demonstrate that the immigration officer's decision was wrong or unfair. The process actually begins when the person applies to the Federal Court for permission ( leave ) to proceed with a judicial review .
Permission for judicial review, also known as leave for judicial review, is an essential preliminary step in this process, as not all applications automatically proceed to a full hearing. First, the Federal Court must grant permission confirming that the case has sufficient legal merit to warrant consideration.
The Court reviews written documents and arguments from the applicant and, in some cases, from IRCC . In granting permission, it considers whether:
Remember that a team of professionals experienced in judicial review can structure a compelling application and increase your chances of success. At Immiland Law, we can represent you to successfully complete your application. Contact us .
This extension benefits those seeking to challenge immigration decisions , allowing them to better gather documentation and present solid arguments . It also applies to all pending applications that have not yet been processed.
For more details on this change, you can consult the official source on the IRCC portal .
Do you know if you qualify for judicial review? We invite you to fill out our form. to identify potential candidates for judicial review or to use other available legal remedies to resolve your case.
I hope this topic has been of interest to you and that you can resolve your immigration situation soon.
Don't forget to share this topic with others who might be interested. Thank you so much for reading.
See you soon!
With love,
Immiland Law Professional Corporation
.jpg)