Court Confirms: Misleading IRCC Letter Can't Extend 90-Day Restoration Deadline
- Citation
- 2026 FC 903
- Decided
- Court file
- IMM-156-25
- Full judgment
- Read the decision
Case Law Overview
Dhir v. Canada (Citizenship and Immigration), 2026 FC 903
The applicants lost their status and applied for restoration. Their first restoration application was refused, but the refusal letter confusingly stated they were still 'eligible to restore'. Relying on this, they applied again but were refused because the second application was filed outside the original 90-day statutory deadline.
Court Ruling
The Federal Court dismissed the application, affirming that the 90-day deadline to apply for restoration of status is mandatory and cannot be extended. The Court found that an officer's potentially misleading statement does not create a 'legitimate expectation' that can override a strict regulatory time limit.
Key Quote from the Court
The language in section 182 of the Regulations is not discretionary: if the application for restoration is brought outside of the 90-day period imposed by law, the officer must refuse the application.
Expert Takeaways
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The 90-Day Restoration Deadline is Absolute This case is a stark reminder that the 90-day period to apply for restoration of status under IRPR s. 182 is a strict, non-negotiable deadline. Missing it, for any reason, is fatal to the application.
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Misleading Statements Do Not Create New Rights You cannot rely on confusing or even erroneous statements from an immigration officer to extend a legal deadline. The doctrine of 'legitimate expectation' cannot be used to create a substantive right, like an extended application period, that does not exist in law.
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Challenge the First Decision The applicants' window of opportunity was to seek judicial review of the first refusal. By accepting that decision and filing a new application, they lost their chance and fell outside the statutory time limits.
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Act Immediately After Status Loss If you lose your temporary status in Canada, the 90-day clock starts ticking immediately. It is critical to seek expert legal advice without delay to understand all your options and meet the strict deadlines.
There is a deadline on this
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.
More Restoration of Status rulings
Federal Court: 90-Day Restoration Deadline is Absolute, Previous Applications Don't Extend It
Federal Court: No Evidence of Home Ties Sinks Visitor Status Restoration
Federal Court: Part-Time Studies Disqualify Student from PGWP, No Exceptions
Federal Court: Proving Lawyer Incompetence Is Not Enough; You Must Prove Prejudice
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)