Immigration and Refugees Law
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How long do you have to challenge an immigration refusal in Federal Court? Under section 72(2)(b) of the Immigration and Refugee Protection Act (IRPA), an application for leave and judicial review must be served and filed within 15 days for a decision made in Canada and within 60 days for a decision made outside Canada, counted from the day you are notified of the decision or otherwise become aware of it. If you miss the deadline, a judge may extend the time for special reasons, but an extension is discretionary. Pax Law Corporation acts quickly to protect your filing deadline.
| Situation | Deadline / Rule | Authority |
|---|---|---|
| Decision made in Canada (e.g., in-Canada work permit, PRRA, RAD) | 15 days | IRPA s 72(2)(b) |
| Decision made outside Canada (e.g., visitor visa, study permit from abroad) | 60 days | IRPA s 72(2)(b) |
| Start of the clock | Day you are notified or otherwise become aware of the decision | IRPA s 72(2)(b) |
| Extension of time | Judge may allow for special reasons | IRPA s 72(2)(c) |
| Test for extension | Continuing intention, some merit, no prejudice, reasonable explanation—weighed flexibly in the interests of justice | Canada (AG) v Hennelly (1999), 244 NR 399 (FCA); Canada (AG) v Larkman, 2012 FCA 204 |
The 15-day or 60-day period depends on where the matter arises, not where you live today. Decisions on applications processed for people inside Canada—such as work permit extensions, restoration of status, pre-removal risk assessments and Refugee Appeal Division decisions—generally attract the 15-day limit. Visa decisions made by offices abroad generally attract the 60-day limit. Where there is any doubt, file within the shorter period.
The period runs from the date you were notified of the decision or otherwise became aware of it. For decisions sent through an IRCC online account, notification is often the date the letter was posted to the account or sent to your representative. Do not assume the clock starts only when you personally read the letter; keep records of when correspondence arrived.
Within the deadline, the Application for Leave and for Judicial Review must be filed in the Federal Court Registry and served on the respondent (IRPA s 72(2)(b)). Further deadlines then follow under the Federal Courts Citizenship, Immigration and Refugee Protection Rules, including the deadline to perfect the application with an affidavit and memorandum of argument. Missing these later deadlines can also end the case.
IRPA s 72(2)(c) allows a judge to extend the time for special reasons. The Federal Court of Appeal has identified the following considerations (Hennelly; Larkman):
These are not rigid, cumulative requirements: the importance of each depends on the circumstances, and not every factor must favour the applicant (Larkman). The overriding question is whether granting the extension is in the interests of justice. A strong, well-documented explanation filed as soon as possible gives the best chance.
Appeals to the Refugee Appeal Division and the Immigration Appeal Division have their own time limits under their rules, and some refused applications can also be the subject of a fresh application. These are separate from the Federal Court deadline.
No. The judicial review deadline continues to run while a reconsideration request is pending.
Yes. The initial application can be prepared and filed on short notice; the detailed arguments follow later.
If you received a refusal, contact Pax Law Corporation immediately to calculate your exact deadline.
The information presented is for informational and educational purposes only and may not be accurate. This information does not replace getting legal advice from a qualified, practicing lawyer. If you are facing a legal dilemma, you should make an appointment and consult with one of our licensed and practicing lawyers.
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