Canada visa denied? Indians now have 75 days to seek court review

Good news! Rejected immigration applicants to Canada now have more time to challenge decisions in court, following a change in Federal Court procedure issued on May 14, 2025.

 

The new measures allow applicants 75 days—up from the previous 30—to perfect their application for leave to seek judicial review of an immigration refusal.

 

For those who believe their visa refusal was due to a legal error or misunderstanding, this extra time can be used to prepare a stronger case. It gives breathing space, especially when applicants are already under stress.

 

What is judicial review in immigration?

 

Judicial review is a two-step legal process where a federal court in Canada assesses whether an immigration decision was made lawfully:

 

 

< First, an applicant must apply for “leave” (permission) for their case to be reviewed;

< If leave is granted, the court may return the decision for reconsideration, though it doesn’t make a new decision itself.

 

Applicants can now take up to 75 days to submit the full documentation—called the applicant record—after they file for leave. This applies to applications filed between January 1, 2024, and December 31, 2025.

 

According to the court guidelines, the 75-day window starts after:

 

< Filing the initial leave application; or

< Receiving written reasons for the refusal (if not initially provided); or

< Being informed that no written reasons will be issued.

 

The change follows mounting delays in 2024 and early 2025 due to a rising number of immigration appeals.

 

Step-by-step: How to apply for judicial review

 

1. Initial application

Applicants must file an application for leave and judicial review with the Federal Court:

 

< Within 15 days if in Canada

< Within 60 days if outside Canada

 

2. Serve the application

The respondent (usually the immigration authority) must be served with the application, and proof of service must be filed within 10 days.

 

3. Respondent replies

The respondent must file a notice of appearance within 10 days after being served.

 

4. Court requests reasons

If the refusal letter did not include written reasons, the court requests them from the immigration authority (known as the tribunal).

 

5. Tribunal provides reasons

The tribunal must provide the reasons or confirm that none exist.

 

6. Submit applicant record

The applicant has up to 75 days from the relevant start point to submit documents, arguments, and case details.

 

7. Respondent’s evidence

 The immigration department then has 30 days to respond with its own affidavits and legal arguments.

 

8. Optional reply

Applicants may file a reply within 10 days of receiving the response.

 

9. Court decision on leave

If leave is granted, a hearing date is set. If leave is denied, the decision stands and cannot be appealed.

 

What happens next?

 

If the court rules against the applicant, the refusal remains in place. If the court finds a legal issue, the matter is sent back to the original decision-maker for reconsideration.

 

However, a review does not guarantee that the original outcome will change.

 

Why this matters now

 

In 2024, Canada recorded a sharp rise in immigration rejections:

 

< Over 2.3 million temporary visa applications were refused

< Visitor visa refusals made up 1.95 million cases—54% of all visitor applications

< Study permit refusal rates climbed to 52%

< Work permit rejections stood at 22%, slightly down from 23% the year before

 

According to Toronto Star, the refusal rate for temporary resident applications rose from 35% in 2023 to 50% in 2024.

 

The growing backlog and stricter scrutiny have hit Indian applicants particularly hard.

 

Indian student numbers fall

 

To make matters worse, fewer Indian students are being granted study permits. According to IRCC, between January and March 2025, Canada issued just 30,640 permits to Indian nationals—a drop of nearly 31% compared to 44,295 during the same period in 2024.

 

In 2023, Canada issued a record 681,155 study permits, with 278,045 granted to Indian students. By 2024, that figure fell to 516,275, with Indian approvals down to 188,465.

 

This slowdown follows the Canadian government’s decision in late 2023 to limit international student numbers and tighten screening, citing capacity and fraud concerns.