Introduction:
Receiving an IRCC refusal can be disheartening—but it’s not the end of your immigration journey. You may have the right to apply for a judicial review in Federal Court, a legal avenue to challenge errors or unfair decisions. In May 2025, the Federal Court announced a major change: an extended deadline—from 30 to 75 days—to perfect judicial review applications, providing applicants more time to prepare quality filings.
This guide from AshLaw walks you through the updated process, critical timelines, common procedural pitfalls, and how our expertise can help secure a positive outcome.
Table of Contents:
- What is Judicial Review?
- Recent Deadline Extension (2025 Update)
- Step-by-Step Guide: Leave + Judicial Review
- Key Timelines You Can’t Miss
- Grounds for Judicial Review
- Risks and Alternatives
- How AshLaw Can Help
- FAQ
1. What is Judicial Review?
Judicial review isn’t an appeal. It’s a legal examination of whether IRCC or the Immigration and Refugee Board acted within legal boundaries—ensuring decisions are reasonable, fair, and lawful.
2. Recent Deadline Extension (2025 Update)
As of May 14, 2025, applicants now have 75 days (up from 30) to perfect their judicial review before submitting it to Federal Court. This extra time helps address court backlogs and gives applicants a better chance to prepare solid materials.
3. Step-by-Step Guide: Leave + Judicial Review
Stage 1: Leave Application
- File within 15 days if inside Canada or 60 days if outside.
- Ask the Court for permission to review the decision (Application for Leave and Judicial Review, ALJR).
Stage 2: Reasons & Rule 9
- If reasons aren’t provided, Court will request them.
- Use the extended 75-day period to gather this info and build a solid record.
Stage 3: Judicial Review Hearing
- Judge reviews the record—no new evidence.
- Decision focuses on legal or procedural errors.
- Can take 4–18 months depending on complexity.
4. Key Timelines You Can’t Miss
- 15 / 60 days to apply for leave from refusal date.
- 75 days to perfect the application after Rule 9 reasons or notice of refusal.
- Hearing & decision timeframe: 4–18 months
5. Grounds for Judicial Review
Common legal grounds include:
- Procedural fairness breach: no reasons, bias, no chance to respond.
- Decision unreasonable: misapplied law or facts, ignored evidence
- Lack of reasons: failing to provide adequate written reasons when required
⚠️ 6. Risks and Alternatives
| Issue | Detail |
| Leave Denial | ~80% are refused; no appeal |
| Costly & Delayed | Lawyer costs $3k–$15k, Court filing $50, timeline 4–18 months |
| Alternative Options | Stronger reapplications, reconsideration requests, or other administrative recourse |
7. How AshLaw Can Help
At AshLaw, we guide clients through the full judicial review roadmap:
- Case assessment & timeline advice
- Rule 9 request assistance
- Drafting compelling leave applications
- Presenting persuasive legal arguments
- Supporting through hearing & further steps
Book a consultation today to explore your chances of success and get personalized support.
8. Frequently Asked Questions (FAQ)
Q: What’s the difference between “leave” and “judicial review”?
A: Leave is Court permission to proceed. Only after leave is granted do you enter the full judicial review.
Q: Can I file by myself?
A: Yes — but the process is complex. A well-prepared application significantly increases your chance.
Q: What if I miss the deadline?
A: Extensions are rare. Courts expect timely filings—don’t rely on this.
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