The Canadian government has now provided the applicants with more time (75 days) to assess and respond to their visa rejection. They can challenge their
The Canadian government has now provided the applicants with more time (75 days) to assess and respond to their visa rejection. They can challenge their refusal with a judicial review. It is a legal procedure that allows you to request the court to review your case. In the past, we have seen a lot of people lose their opportunity just because the time limit was too short, so applicants were not able to challenge the court for a review. But now, they can with a new change. In this article, we will explore and understand what a judicial review is, how to apply for it, and why Canada extended the application window for immigration refusals.
What is Judicial Review in Canada
When your visa is refused, whether it is a study permit, work permit, visitor visa, or permanent residency, you usually receive a letter which contains the reasons for refusal. If you believe that the decision made for you was not fair or was not made with proper process, you may have the right to challenge it in the Federal Court of Canada.
A judicial review does not mean your visa application will be looked at again. Instead, the court checks if the immigration officer made a mistake or didn’t follow the correct rules. The judge will not issue you a visa but can instruct the government to examine your application again properly.
New Extension
Canada has decided to increase the timeline for applicants to apply for judicial review after receiving immigration related refusals. They now have more time to get everything ready and prepared. Instead of just 30 days, they are given a total of 75 days to prepare their request for judicial review. This extra time is to help them to collect all the needed paperwork and make sure that their application is complete before submitting it.
How to Apply for Judicial Review
Step 1:
If you are inside Canada, you must apply to the Federal Court within 15 days after getting your visa refusal. If you’re applying from outside Canada, you have up to 60 days to start the process.
Step 2:
After filing your case, you need to send a copy of your application to IRCC. You have 10 days to provide the court with proof that you sent it.
Step 3:
IRCC then has 10 days to respond and let the court know if they plan to get involved in your case.
Step 4:
The court may ask the IRCC to provide the reasons for the visa denial if your refusal letter is unclear. For this reason, it is a wise decision to seek legal help before beginning.
Step 5:
If asked, the immigration board will either send the reasons for the refusal or tell the court that there are no extra details.
Step 6:
You must send all the documents and legal points that support your case within 75 days of filing.
Why Did Canada Extend the Window?
Canada gave more time to help people prepare their cases properly. The old deadlines were too short, and many applicants were not able to challenge quickly as they needed time to think and examine. With extra time, more people can gather documents, get legal help, and have a fair chance to challenge a visa refusal. Moreover, the court believes that by increasing this window, cases can be dealt with more fairness.
Conclusion
If your visa has been refused, then obviously you will be worried. But it doesn’t mean that you do not have any other options. Now Canada has increased the time limit for judicial review, so you have a better chance to respond properly. If you think your refusal wasn’t fair or something went wrong, don’t lose hope. You should talk to a legal expert and find out what you can do next. This extra time might be the opportunity you need to restart your path to get settled in Canada.