September 14, 2026
Judicial Review: When can you apply for an extension of time?
When an immigration tribunal or officer makes a decision that feels wrong, you may be able to challenge it through an Application for Leave and for Judicial Review before the Federal Court.
It is not a new hearing, and the Court generally considers whether the decision was reasonable and whether the process was fair. Because strict deadlines apply, it is important to act quickly.
Filing Deadlines
Under section 72(2)(b) of the Immigration and Refugee Protection Act (IRPA), an immigration or refugee application must generally be filed and served within:
· 15 days if the matter arose in Canada; or
· 60 days if the matter arose outside Canada.
The counting starts from the day the applicant was notified of, or otherwise became aware of, the decision. These deadlines are short, and the Federal Court applies them strictly. For citizenship matters, the general deadline is 30 days.
What happens if the deadline is missed?
Missing a filing deadline does not necessarily prevent you from bringing an application. Where special circumstances exist, a judge has the discretion to grant relief from a missed deadline in the form of an extension of time. However, an extension of time is discretionary, not available as of right, and the applicant bears the burden of establishing that an extension is warranted.
In determining whether to grant an extension of time, the Court generally considers:
· whether the applicant has a continuing intention to pursue the application;
· whether the proposed application has some potential merit;
· whether the respondent would suffer prejudice as a result of the delay; and
· whether the applicant has provided a reasonable explanation for the delay.
These considerations are not a rigid checklist. The central question is whether granting the extension would serve the interests of justice.
Common circumstances where an extension request may be appropriate
An extension may be required where:
· Notice was delayed: The decision was sent to an outdated email or address, and the applicant only learned of it after the deadline.
· A representative failed to act: A representative received the refusal but did not notify the applicant or explain the filing deadline.
· Incorrect advice was given: The applicant was told that they had more time to file than the law allowed.
· A serious emergency occurred: A hospitalization, medical crisis, or significant family emergency prevented the applicant from acting.
· Access was genuinely limited: An applicant outside Canada experienced difficulties obtaining the decision or timely legal assistance.
These circumstances do not automatically justify an extension, and other relevant factors may also support a request for extension of time. You would need to provide a detailed and credible explanation, supported by appropriate evidence.
Making the request
The extension request must made at the same time as the Application for Leave and Judicial Review itself. The Court generally considers the extension request and the leave application together, based on the same materials.
Extension of time to submit the perfected application record
This extension request is distinct from the one discussed above.
After an Application for Leave is filed, the applicant must serve and file an Applicant’s Record containing relevant evidence and legal arguments.
Effective June 26, 2026, the Federal Court issued a Special Order extending the deadline to submit the Applicant’s Record to 90 days. This change was introduced in response to the Court’s growing immigration caseload and Registry pressures. Importantly, however, the Special Order does not extend the initial deadline for commencing an application, which remains 15, 30, or 60 days, as applicable.
If additional time beyond the automatic extension is required, a formal motion for an extension of time must be brought before the Court.
Key Takeaways
· Act immediately, even if the deadline may already have passed.
· Keep record of all refusal letters, emails, delivery records, and representative communications.
· Be prepared to explain every part of the delay.
· Obtain legal advice promptly because every extension request depends on its specific facts.
Time limits are strict and the consequences of inaction are severe. Every case is fact-specific and requires an individualized assessment.
This article provides general information only and is not legal advice. If you have received an adverse decision and are concerned about a missed deadline, please contact Bellissimo Law Group PC to book a consultation and discuss the available options.
Kiertivaan Singh Bhogal
Kiertivaan is a dual-licensed lawyer, having been called to the Bar in India in 2019 and the Ontario Bar in 2025. He brings hands-on experience across a broad range of immigration matters, including Express Entry, Start-Up Visa applications, work permits under various programs and trade agreements, Applications for Leave and Judicial Review, and refugee claims before the Refugee Protection Division (RPD). Prior to his call to the Ontario Bar, he completed his articles in immigration law at a boutique immigration law firm, where he developed a strong foundation in various aspects of Canadian immigration law.
Kiertivaan holds a Bachelor of Laws (B.A.LL.B) from Panjab University and a Certificate in Alternative Dispute Resolution (ADR) from Humber College. He is fluent in Punjabi, Hindi, and spoken Urdu, allowing him to serve a diverse clientele. Kiertivaan is committed to ensuring that every client understands their options, trusts the process, and feels supported throughout their immigration journey.