How the deadline works
Under section 72(2)(b) of the Immigration and Refugee Protection Act, an application for leave and judicial review must be filed and served within 15 days for a matter arising in Canada, or 60 days for a matter arising outside Canada, after the day you were notified of the decision or otherwise became aware of it. If any right of appeal exists under the Act, it must be used first.
How the days are counted
- The day you were notified is not counted. Day 1 is the next day (Interpretation Act, s. 27(5)). The last day is included.
- Weekends and holidays inside the period count.
- If the last day falls on a holiday, the Interpretation Act (s. 26) allows filing on the next day that is not a holiday. The Federal Court's guidance treats weekends and registry closures the same way. Because Saturday is not a holiday under the Interpretation Act, we recommend filing by the Friday when the last day is a Saturday.
- The December 21 to January 7 seasonal recess does not extend this deadline. That recess applies to time limits under the Federal Courts Rules, not to deadlines set by statute.
- Decisions of the Immigration and Refugee Board: time runs from the later of notice of the decision or the sending of written reasons (IRPA, s. 169(f)).
- Emailed or online decisions: count from the earliest date the decision was sent to you or your representative.
The calculator applies Ontario and federal statutory holidays and the Federal Court's holiday substitutes (for example, when Christmas falls on a weekend). It shows the safest filing date and, where relevant, the later date that may be available.
Missed the deadline?
A Federal Court judge may allow more time for special reasons. The request for an extension must be included in the application for leave and is decided together with it. Explain the delay with evidence, and act as soon as possible.
What to do now
- Keep the refusal letter and the email or envelope showing when you received it.
- Do not wait for a reconsideration request; it does not stop the clock.
- Contact a lawyer with the decision in hand.