Immigration Blog

Understanding Judicial Review Deadlines in Canada

When you receive a refusal on a Canadian immigration or refugee application, the clock to challenge that decision at the Federal Court starts immediately. A critical and often misunderstood rule is that this countdown begins the moment your legal representative receives the decision from IRCC, not when you are personally informed. This principle was unequivocally affirmed in Sankoh v. Canada (Citizenship and Immigration), 2026 FC 915, where the Court dismissed an application filed after the deadline, stating that notice to counsel is notice to the client.

The entire process of Judicial Review is governed by a strict legal framework, including the Immigration and Refugee Protection Act (S.C. 2001, c. 27) l-2.5, which sets the deadlines, and the Federal Courts Rules (SOR/98-106), which dictate the procedural requirements. Federal Court decisions consistently show there is no flexibility for missing these deadlines or rules. In Graham v. Canada (Public Safety and Emergency Preparedness), 2025 FC 1648, a case was dismissed for being one day late because the request for an extension was not supported by sworn evidence. Similarly, in Kibos v. Canada (Minister of Citizenship and Immigration), 2025 FC 316, the Court ruled that blaming a previous lawyer for a nine-month delay was not a valid excuse.

• Deadlines are Strict: The 15-day (in-Canada) or 60-day (out-of-Canada) deadlines are absolute.
• Evidence is Required: To request an extension, you must provide sworn evidence explaining the delay.
• Procedural Compliance is Mandatory: Failure to follow court rules can result in your case being rejected before it even begins.