Canadian immigration refusals can be devastating—especially when you later discover that you missed the strict deadline to challenge the decision in the Federal Court of Canada. Many applicants wrongly assume that once the deadline passes, their case is over.
That is not always true.
At Fateh Law Corporation, we regularly represent clients who have missed the Federal Court limitation period and still have strong, viable cases through an Application for Leave and Judicial Review with an Extension of Time.
This blog explains the deadlines, the law, and how experienced legal representation can make the difference between a closed door and a second chance.
Federal Court Deadlines for Immigration Judicial Review
When an immigration decision is made by IRCC or a visa officer, the law imposes strict timelines to challenge it:
- 15 days if you are inside Canada
- 60 days if you are outside Canada
These timelines apply to filing an Application for Leave and Judicial Review in the Federal Court of Canada.
Missing these deadlines can feel fatal—but Parliament has built flexibility into the law for deserving cases.
Extension of Time Is Possible Under the Immigration and Refugee Protection Act
Under section 72(2)© of the Immigration and Refugee Protection Act (IRPA), the Federal Court has the discretion to grant an extension of time to file a judicial review.
This discretion exists for an important reason:
Many applicants are never told they have a right to judicial review, are located outside Canada, or face real barriers in accessing qualified Canadian immigration lawyers.
An extension of time is not automatic—it must be carefully argued by a lawyer who understands Federal Court jurisprudence and procedure.
Real Case Example: Challenging Both the Refusal and Reconsideration
In one of our recent cases handled by Fateh Law Corporation:
- Initial refusal: February 20, 2025
- Reconsideration refused: May 28, 2025
Many applicants make a critical mistake by only challenging the reconsideration decision. This can be fatal to their case.
Our Legal Strategy
We emphasized that:
- The original refusal must be challenged together with the reconsideration decision
- The delay required a formal Application for Extension of Time
- The case met the legal threshold established by the Federal Court
The Four-Part Test for Granting an Extension of Time
When deciding whether to grant an extension, the Federal Court applies a well-established four-part test:
1. Special Reasons for the Extension
We demonstrated that the circumstances were exceptional and justified judicial discretion.
2. A Serious Issue to Be Determined
The refusal decision raised reviewable legal and factual errors, making it appropriate for Federal Court scrutiny.
3. Bona Fide Intention to Apply on Time
We showed that the client intended to challenge the decision, but was prevented from doing so due to circumstances beyond their control.
4. Reasonable Explanation for the Delay
In this case, the delay was justified because:
- The client was in India
- He was unaware of his right to judicial review
- He had difficulty finding a qualified Canadian immigration lawyer
- The refusal decision did not disclose the right to seek judicial review
These are precisely the types of factors the Federal Court considers when exercising its discretion.
Why Legal Representation Matters in Federal Court
Federal Court litigation is not an extension of the visa application process. It is a complex legal proceeding governed by strict procedural rules, jurisprudence, and statutory interpretation.
Errors such as:
- Challenging the wrong decision
- Missing jurisdictional deadlines
- Filing weak or incomplete legal arguments
can permanently bar your case.
At Fateh Law Corporation, judicial review is not an afterthought—it is a core part of our practice.
Why Choose Fateh Law Corporation?
- Barrister & Solicitor with extensive Federal Court litigation experience
- Proven track record in setting aside wrongful immigration refusals
- Strategic focus on procedural fairness, legal errors, and officer reasoning
- Representation for clients inside and outside Canada
- Clear, honest advice on whether your case is worth pursuing
Missed Your Federal Court Deadline? Act Immediately
Time matters—even when you are already late. The longer the delay, the higher the burden to justify it.
If your Canadian immigration application was refused and:
- You missed the 15-day or 60-day deadline
- You received a reconsideration refusal
- You were never told you had a right to judicial review
You may still have a chance—but only with a proper legal strategy.
📩 Contact Fateh Law Corporation today to assess whether an Extension of Time and Judicial Review is possible in your case.
Your refusal does not have to be the end of your Canadian immigration journey.
