Case Law
Federal Court of Appeal Upholds Strict Deadlines for Reconsideration Motions

Federal Court of Appeal Upholds Strict Deadlines for Reconsideration Motions

Appeal Dismissed
Citation
2026 FCA 52
Decided
Court file
A-32-25
Full judgment
Read the decision

Case Law Overview

Jawad v. Attorney General of Canada, 2026 FCA 52

The appellant's initial motion in a judicial review was dismissed. She subsequently missed the 10-day deadline to file a motion for reconsideration and sought an extension of time from the Federal Court, which was denied.

Court Ruling

The Federal Court of Appeal dismissed the appeal, finding no palpable and overriding error in the lower court's decision. The Court affirmed that granting an extension of time is a discretionary decision entitled to significant deference and that the appellant failed to meet the necessary legal test.

Key Quote from the Court

Granting an extension of time is a discretionary decision, subject to considerable deference on appeal. We are not permitted to redo the motion that was decided by the Federal Court judge. Unless an extricable question of law can be identified, which is reviewed on a standard of correctness, the Federal Court’s order is reviewed on a standard of palpable and overriding error.

Expert Takeaways

  • Deadlines are Critical Court-mandated deadlines, such as the 10-day rule for filing a motion for reconsideration under Rule 397, are strictly enforced. Missing them can be fatal to your case, as obtaining an extension is not guaranteed.
  • The High Bar for Extensions To get an extension of time, you must satisfy all four parts of the Hennelly test
  • Proving Non-Receipt is Difficult If the court record shows a document was sent to your official email address, claiming you did not receive it is a difficult argument to win. The burden of proof is on you to demonstrate non-receipt, and courts can be skeptical of such claims without strong evidence.
  • Appeals are Not a Second Chance The Federal Court of Appeal will not simply re-hear your original motion. They review the lower court's decision for significant legal errors ('palpable and overriding error'). Simply disagreeing with the outcome is not enough to win an appeal.

There is a deadline on this

15 days
if the decision was made inside Canada
60 days
if the decision was made outside Canada

That is the window to file an Application for Leave and for Judicial Review at the Federal Court, counted from the day you were notified of the decision. An extension can be requested, but it is granted at the Court's discretion - it is not automatic.

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Disclaimer

The information provided in this article is for general informational purposes only and does not constitute legal advice. Immigration law is complex and subject to change. For advice specific to your situation, please schedule a consultation with a qualified legal professional.

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Questions people ask after reading a case like this

Does this mean my own case will succeed?

No. Every application is decided on its own record. A reported decision shows how the Federal Court has reasoned about a particular kind of error - it does not predict the result of a different file. What it can tell you is whether the problem in your refusal is the kind of problem the Court has been willing to intervene on.

How long do I have to challenge a refusal?

Under the Immigration and Refugee Protection Act you generally have 15 days to file an Application for Leave and for Judicial Review if the decision was made inside Canada, and 60 days if it was made outside Canada, counted from when you were notified. The Court can extend that period, but an extension is discretionary - it is not automatic.

What actually happens at the Federal Court?

Judicial review has two stages. You file the application and a written record, and a judge decides on paper whether to grant leave - permission for the case to proceed. If leave is granted, there is a hearing. The Court does not re-decide your immigration application; it decides whether the officer's decision was reasonable and procedurally fair. If you succeed, the file is normally sent back to be decided again by a different officer.

Do I have to be in Canada to bring an application?

No. Applicants outside Canada regularly bring judicial review applications, which is why the longer 60-day deadline exists for decisions made abroad. Applicants are not normally required to attend in person.

What happens in the free 15-minute review?

You explain what was refused or delayed and when you were notified. We tell you whether your filing window is still open, which issues in the decision look arguable, and what the realistic options are - including reapplying instead of litigating, where that is the better route. There is no obligation to retain us afterwards.

Ali Dadkhah

Written by

Ali Dadkhah

Ali Dadkhah is a litigator whose practice is dedicated to challenging government decisions at the Federal Court of Canada. He specializes in judicial review, providing a crucial avenue for recourse for individuals and businesses who have faced unfair or unreasonable administrative outcomes. Bilingual legal support in English and Persian (Farsi)

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