Judicial Review Law

Timelines

For applications for judicial review in the Federal Courts of Canada

Timelines in the Federal Courts differ depending on whether the matter is related to immigration or citizenship.

Non-Immigration Matters

Judicial review applications typically take around 5-10 months to reach a hearing. The judge will usually deliberate and render a written judgment anytime between one week and one year after the hearing.

Decision received (for certiorari applications)
30 days
File notice of application
20 days
Decision maker provides record of decision (for certiorari applications)
10 days
Applicant's affidavits due
30 days
Respondent's affidavits due
20 days
Cross-examination on affidavits
20 days
Applicant's legal arguments due
20 days
Respondent's legal arguments due
10 days
Requisition for hearing due
Varies
Oral hearing
Varies
Judgment released

Note: these timelines are often modified on consent or by a court order.

Federal Courts Rules, SOR/98-106, Rules 7, 8 & 300 - 314; Federal Courts Act, RSC 1985, c F-7, s 18.1(2)

See case examples

Immigration Matters

Judicial review applications for matters under the Immigration and Refugee Protection Act and Citizenship Act must be granted leave for judicial review. Timelines for the hearing of the judicial review are set by the court only after leave is granted.

Applicants only have a short window to start an application after receiving a negative decision:

  • Immigration matter arising in Canada: 15 days,
  • Immigration matter arising outside Canada: 60 days,
  • Citizenship matters: 30 days.
Decision received (for certiorari applications)
15-60 days
File application for leave
Without delay
Decision maker provides record of decision (for certiorari applications)
30 days
Applicant's legal arguments and affidavits due
30 days
Respondent's legal arguments and affidavits due
10 days
Applicant's reply arguments due
Varies
Leave granted or refused
30-90 days
Oral hearing
Varies
Judgment released

Note: these timelines are often modified on consent or by a court order.

Federal Courts Citizenship, Immigration and Refugee Protection Rules, SOR/93-22, Rules 6-14; Immigration and Refugee Protection Act, SC 2001, c 27, s 72(2); Citizenship Act, RSC 1985, c C-29, s 22.1(2)

The content of this website is provided for informational purposes only and should not be taken as legal advice. You should consult a lawyer and obtain advice specific to your particular circumstances before taking any action on a legal matter.

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