Federal Court Announces Extension for Filing Applicant’s Record in Immigration Cases
On May 14, 2025, the Federal Court of Canada issued a Special Order granting applicants an additional 45 days to perfect their applications for leave and judicial review in immigration matters. This extension applies to deadlines outlined in Rule 10(1) of the Federal Courts Citizenship, Immigration and Refugee Protection Rules, eliminating the need for consent from the opposing party.
Key Details of the Special Order
· Extended Deadline: Applicants now have an extra 45 days beyond the standard 30-day period to file their Applicant’s Record, which includes affidavits, memoranda of argument, and other required documents.
· No Consent Required: The extension is automatic, streamlining the process by removing the need to seek agreement from respondents.
· Scope: The order applies to applications for leave and judicial review under the Immigration and Refugee Protection Act and Citizenship Act, addressing delays often caused by complex cases or access to tribunal records.
· Purpose: The measure aims to reduce procedural barriers, ensuring applicants have sufficient time to prepare robust submissions, particularly in cases involving refusals of permanent residency, temporary status, or citizenship decisions.
Implications for Applicants
This change offers significant relief for self-represented litigants and those facing challenges in obtaining tribunal reasons or legal support. The standard 30-day deadline under Rule 10(1) often proved tight, especially for applicants awaiting certified tribunal records or navigating language barriers. The automatic 45-day extension enhances access to justice, allowing more thorough preparation without the added burden of motion filings for extensions.
