Current as of August 2026. The Federal Court is adjusting its immigration timelines while it works through a backlog, and the extension described below has been replaced several times in the last two years. Please confirm the current deadlines before you act on anything in this post.
A refusal letter arrives and it says nothing about an appeal. For most immigration decisions there is no appeal, and the only route left is the Federal Court of Canada. That route is called an application for leave and for judicial review, and it runs on a set of deadlines that start short and do not forgive much.
Below is the sequence, step by step, with the timing attached to each one. The first deadline is the one people most often miss, and the middle deadline is the one that has quietly changed. If you are still deciding between routes, we cover that choice separately in the difference between an appeal and a judicial review.
Judicial review happens in two stages, not one
Most people expect to file something and get a hearing. That is not how this works.
The first stage is leave, which simply means permission. A judge reads the written material from both sides and decides whether your case raises an arguable issue worth hearing. Nobody appears. There is no courtroom, no oral argument, and no opportunity to explain yourself in person. If leave is refused, the application for judicial review is dismissed along with it and the file closes. That refusal cannot be appealed.
Only if leave is granted does the second stage begin, and only then is a hearing date set.
This is why the quality of the written material at the leave stage matters so much. It is the only thing the judge sees.
The first deadline runs from the day you are notified
Section 72 of the Immigration and Refugee Protection Act sets the window: 15 days for a matter arising in Canada, and 60 days for a matter arising outside Canada.
The clock starts on the day you are notified of the decision, or otherwise become aware of it. Not the date printed on the letter, not the date you opened the portal, and certainly not the date you found a lawyer.
Fifteen days is very short. It includes weekends. If you are inside Canada and you have just been refused, the practical advice is to get advice within days rather than weeks.
Missing the deadline is not automatically fatal. You can ask for an extension of time, but the request has to be made in the application itself and it has to explain the delay. The Court considers it at the same time it decides leave, which means a weak explanation can sink an otherwise arguable case.
Perfecting the application, and the deadline that has changed
After the application is served and filed, the substantive filing is the Applicant’s Record. It contains the affidavit evidence and the memorandum of argument. It goes to any respondent that has filed a Notice of Appearance, and is then filed with the Court together with proof of service. Getting it in is called perfecting the application.
The Rules give 30 days. In practice, applicants currently have longer.
Because immigration filings are arriving at the Federal Court at record levels, the Court has issued a standing order granting an automatic 90 day extension to perfect. That produces an effective deadline of 120 days, and no consent from the Department of Justice is needed to use it.
Two qualifications matter here. The 30 day rule has not been repealed: the Court still expects records within the ordinary period where that is possible, and expects them well before day 120 in any event, so that the Registry has time to process the filing and any deficiency can be fixed before the deadline expires. And anything past 120 days is difficult, because a further extension needs a formal motion even if the other side consents, together with extraordinary or unforeseen circumstances and a complete explanation for the whole of the delay.
The rest of the leave stage
Once your record is in, the sequence is short. A respondent who opposes leave serves and files affidavits and a memorandum of argument within 30 days. If they do, you may serve and file a reply memorandum within 10 days after that. The judge then decides leave on the papers.
Two administrative steps run alongside all of this. Proof of service of your application goes in within 10 days of serving it, and a respondent who intends to oppose files a Notice of Appearance within 10 days. A respondent who does not file one is no longer entitled to notice or service of anything further, which is why the later documents go only to a respondent who has appeared.
Separately, if the decision maker never gave you written reasons, the Registry requests them, and your clock to perfect only starts when those reasons, or a notice that none exist, actually arrive.
If leave is granted
The order granting leave sets the hearing date and the remaining timelines. Three things then happen.
- The full file is produced. The decision maker delivers the Certified Tribunal Record, the complete material that was in front of the officer, within 21 days.
- There is a settlement window. Both sides are expected to assess, within 15 days of the order granting leave, whether the matter can be resolved without a hearing. In practice this is the main opportunity to settle, and some cases end here with the decision sent back for a fresh look.
- Then the hearing. The default is 90 minutes of oral argument. For study permits, work permits and temporary resident visas the default is 45 minutes, with written submissions capped at 20 pages. Where both sides are represented and consent, and neither is proposing a question for appeal, the case can be decided in writing with no hearing at all.
Three things judicial review is not
It is not a second application. The judge is reviewing what the officer did with the material the officer had. New evidence is generally not admissible. If the problem with your refusal is that you left something out, judicial review is usually the wrong tool and a fresh application may be the right one.
Winning does not get you the visa. A successful judicial review sets the decision aside and sends the file back to a different officer for a fresh decision. That officer can refuse again, though they must do so properly. The Court does not issue permits.
It is not a way to speed up a file that is simply slow. Where the problem is delay rather than a decision, the remedy is different, and we cover it in what a writ of mandamus can do.
When an appeal is possible
An appeal to the Federal Court of Appeal is only available if the Federal Court judge certifies that the case involves a serious question of general importance. This is uncommon, and where a party intends to propose a certified question, opposing counsel has to be told at least five days before the hearing.
If you have just been refused
Get the reasons. For most refusals that means requesting the officer’s notes, and that request takes time you may not have, so start it immediately.
Do not wait for a new application to be decided first. The 15 day clock does not pause while you try something else.
And get an assessment of whether the decision is actually reviewable. Disagreeing with a refusal is not a ground. Ignoring evidence, giving reasons that do not follow from the file, and denying a fair process are.
Kabir & Alam Lawyers reviews refusals, advises on whether they are vulnerable to challenge, and litigates unreasonable decisions at the Federal Court. Book a consultation and send the decision letter, with the officer’s notes if you have them. You can also read more on our immigration litigation page.