I was refused by an embassy abroad what is my deadline to challenge it?
Short answer
In Canada, where the decision being challenged was made outside Canada, an application for leave and for judicial review must be served and then filed in the Federal Court within 60 days after the day the person is notified of the decision or otherwise becomes aware of it (s. 72(2)(b) of the Immigration and Refugee Protection Act).
In detail
Section 72(2)(b) sets a time limit “within 15 days, in the case of a matter arising in Canada, or within 60 days, in the case of a matter arising outside Canada”. A decision made by a visa office abroad falls into the second category.
The test is where the matter arose, not where the person lives. A person in Canada who receives a decision made by an office abroad is therefore subject to the 60-day limit, and the reverse is equally true.
The starting point remains the day the person is notified of the decision or otherwise becomes aware of it.
What to document
The complete refusal letter, including the letterhead showing which office issued it, the date you received it, and the system notes (often called GCMS notes) if you have requested them. The issuing office is what determines which of the two time limits applies.
Put your facts in writing, free. Writing your version down early, keeping your documents dated and preparing your questions for a lawyer: the tool is there to document, never to advise.
Open the application Up to 3 files, no card · see the plans
Official sources
Related questions
- I missed the deadline to challenge a decision can I still do something?
- My refugee claim was refused how long do I have to appeal?
- What is the difference between the notice of appeal and the appellant's record at the RAD?
- Can the Refugee Appeal Division give me more time?
- What happens on the day of my IRB hearing?
See all the answers · the full guide collection · Lire en français
What this page is not
This is general legal information about the law of Quebec and Canada, dated and sourced. It is not legal advice, not a strategy, and not a prediction about the outcome of a case. In Quebec, only lawyers and notaries may give legal advice (Act respecting the Barreau du Québec, ss. 128 and 133). Laws and amounts change: the official source always prevails over us.