Canada Extends Judicial Review Period For Immigration Applications To 75 Days

The main purpose of this change is to give people facing negative decisions from Immigration, Refugees and Citizenship Canada (IRCC), such as denials of applications, more time and opportunity to strengthen their case.
What is a judicial review?
A judicial review is a legal process through which applicants can challenge CRA decisions in federal court. This process is used in cases where applicants feel that a court decision was unfair, unlawful, discriminatory or due to procedural errors. This can include visa denials, rejections of applications for permanent residence (PR), rejections of refugee cases, or decisions related to citizenship. The purpose of a judicial review is to provide justice and protect legal rights for applicants.
Benefits of the new policy
Previously, applying for immigration during the 30-day period was insufficient for Canada to process immigration applications…
, especially in difficult cases. The new 75-day period will provide an additional 45 days, allowing applicants to gather evidence, consult with lawyers, and develop strong legal arguments.
Adaptation to difficult cases: This change is particularly beneficial for applicants who have had their visas rejected, FR applications rejected, asylum cases, or those facing difficult sponsorship cases. With more time, they will be able to better present their case.
Fairness and access: The extended period will give applicants more time to protect their legal rights, which will increase confidence in the justice system. This is especially important for those who face financial or language barriers.
Improved court burden: More time will allow applicants to prepare better, which could reduce the number of incomplete or weak applications. This will make the court process more efficient.
SSC Background and Challenges
This decision comes in light of delays in processing SSC applications. According to recent reports, spousal or common-law sponsorship applications are taking 36 months to process, while in Quebec this period has reached 48 months. Complaints about long waits for temporary residents (visitor visas, study permits, work permits) have also increased. According to a 2024 report, the IHR had more than 2.2 million applications pending, including a large number of asylum and refugee applications. There
are several reasons behind this delay, such as staff shortages, outdated technical systems, and the increase in applications following the COVID-19 pandemic. This situation was frustrating for applicants, as they faced a tight deadline to appeal negative decisions. The old 30-day deadline was often difficult for applicants, especially those living abroad or with limited resources.
Impact and impact on applicants
The new 75-day period will provide applicants with more flexibility, which could increase the chances of their applications being successful. This is particularly important for refugees and asylum seekers, whose cases are often complex and involve life-and-death issues. For example, if a refugee application is wrongly rejected, more time will be available to present evidence and prepare an appeal.
The change is also a step towards improving the recruitment process. However, experts believe that further improvements are needed to speed up the overall immigration system, such as increasing digital processing, increasing staffing, and adopting effective strategies to reduce the backlog.
Challenges and next steps
While the 75-day period is a positive step, some experts have warned that it could delay the court process, as more applications may be filed. The federal court may need more resources to deal with the impact of this increase. Also, applicants are advised to submit applications within the time limit and with strong evidence, as more time does not automatically mean success.