Getting an immigration refusal may feel like the end of a well-thought-out future. You might have spent several months gathering papers, paying fees and awaiting a response, only to get a letter that you are being rejected.
Take a breath. An Immigration refusal in Canada is not necessarily the end. You can also reapply, seek reconsideration, appeal to the Immigration Appeal Division or seek a review by the Federal Court, depending on the application and the cause of refusal.
The correct response depends on the type of application, the reasons presented by the officer, and the deadline assigned to your case. It can make a big difference to act fast and strategically.
Immigration Refusal Canada: What To Do
1. Start With the Refusal Letter
Your first instinct may be to submit the same application again with a longer explanation. That is usually not the best first move.
Read the refusal letter carefully. It should identify the grounds on which the application was rejected. Common concerns include insufficient financial evidence, weak ties to the applicant’s home country, an unclear travel purpose, missing documents, employment inconsistencies, inadmissibility, relationship concerns or failure to satisfy program requirements.
IRCC provides officer decision notes with refusal decisions. These notes can offer more detail on how the officer assessed the application and why the evidence was not accepted. Additional records may also be requested through Canada’s Access to Information and Privacy system.
Kurzfeld Law Firm can review the refusal letter, officer notes and original application together. This matters because the problem is not always one missing document. The refusal may involve how the evidence was presented, or a concern that was never clearly addressed.
2. Do Not Miss an Appeal Deadline
Immigration refusal deadlines can be surprisingly short.
For an application for leave and judicial review, the Federal Court generally requires filing within 15 days when the matter arose in Canada or 60 days when it arose outside Canada. A qualifying family sponsorship appeal must generally reach the Immigration Appeal Division within 30 days of receiving the refusal.
Refugee appeal deadlines can be even more demanding. In most cases, the appeal notice to the Refugee Appeal Division should be submitted within 15 days of receiving the written decision.
Do not assume that asking IRCC to reconsider a decision pauses a separate appeal or judicial-review deadline. Seek legal counsel as soon as you can, even if you are not yet sure what to do.
Option 1: Reapply With a Stronger Application
For most visitor visas, study permit and work permit refusals, there is no formal administrative appeal. IRCC allows applicants to reapply, but submitting the same information again is unlikely to produce a different result.
A successful reapplication should directly address the original concerns. For example:
- A visitor visa applicant may need clearer evidence of finances, travel purpose and reasons to return home.
- A study permit applicant may need a more convincing study plan and an explanation of how the program supports their career.
- A work permit applicant may need corrected employer documents, stronger proof of qualifications, or a clearer explanation of eligibility.
- A permanent residence applicant may need to resolve concerns involving employment history, settlement funds, medical issues, criminality or missing documents.
Reapplying does not involve uploading as many documents as you can. It focuses on what went wrong and providing pertinent evidence convincingly and understandably.
Instead of resubmitting, Kurzfeld Law Firm can assist in rebuilding the application. Our team can sort out the evidence, point out contradictions, and build written submissions that can address the officer’s concerns.
Option 2: Request Reconsideration
A reconsideration request is where the decision-maker is requested to reopen the application and revisit the decision.
This alternative can be used in cases where a factual error was clearly made, a material document was not considered, a problem of procedural fairness has arisen, or the decision seems to have been based on wrong information.
Reconsideration is discretionary. IRCC is not automatically required to reopen a refused application, and a reconsideration request should not replace an appeal or judicial review when a deadline is approaching.
A strong request should identify the exact mistake and explain why reopening the application is justified. Simply stating that the decision was unfair will rarely be persuasive.
Kurzfeld Law Firm can determine whether reopening the file or employing an alternative legal approach is appropriate before filing a reconsideration request by evaluating the circumstances.
Option 3: Appeal to the Immigration Appeal Division
IAD, also known as the Immigration Appeal Division, listens to certain categories of immigration appeals. These involve certain family sponsorship rejections, removal order appeals and residency obligation appeals.
The appeal is usually filed by a sponsor, not the family being sponsored, in a family sponsorship case. Depending on the jurisdiction, the IAD can consider whether the refusal was legally sound and, where it allows, whether humanitarian and compassionate factors warrant allowing the appeal.
An appeal can include the release of documents, witness testimony, legal arguments and a hearing. Certain cases can be solved using Alternative Dispute Resolution without a full hearing.
Not every immigration refusal comes with an IAD appeal right. The application category and grounds for refusal must be reviewed carefully.
Kurzfeld Law Firm represents clients in immigration appeals and removal matters. We can help prepare evidence, question witnesses, address credibility concerns and present legal arguments supporting the appeal.
Option 4: Apply for Judicial Review
Judicial review is not a second immigration application. It is a Federal Court process asking the Court to examine whether the original decision was reasonable, fair and legally valid.
The process normally begins with an application for leave. This means the Court first decides whether the case should proceed to a judicial-review hearing.
If the applicant succeeds, the Federal Court does not normally approve the visa or permanent residence application itself. Instead, the refusal may be set aside, and the application returned to a different decision-maker for reconsideration.
Judicial review may be appropriate when an officer:
- Ignored important evidence
- Misunderstood material facts
- Applied the wrong legal test
- Reached an unreasonable conclusion
- Failed to provide procedural fairness
IRCC confirms that an applicant has a right to seek judicial review if they feel the temporary residence decision was unreasonable or not based on law and procedural fairness.
A judicial review is a legal process with many deadlines, so an experienced Canadian immigration lawyer should be consulted immediately.
What Should You Do Immediately After a Refusal?
Following an immigration refusal in Canada, it is recommended to focus on the following:
- Save the rejection letter and the date when you received it.
- Do not file a hasty reapplication.
- Check the notes of the officer and the documents already turned in.
- Ascertain the presence or absence of an appeal or judicial-review deadline.
- Find out whether the refusal would impact your current status of immigration.
- Obtain legal advice before choosing a strategy.
Candidates residing in Canada are to be especially concerned with their status. Depending on their current status, the application filed and the time of application can influence whether they can stay, work or study in Canada.
Frequently Asked Questions
- Can I challenge the refusal of a Canadian visitor visa?
Most visitor visa refusals do not have a formal administrative appeal. You can provide a more robust application or request judicial review in case the decision was unreasonable or procedurally unfair. - When can I reapply after being refused immigration?
IRCC does not impose any time limitations on applicants unless the refusal letter specifies otherwise. But you are expected to reapply usually when you can address the original issue or have significant new evidence. - Will the refusal have any impact on future applications in Canada?
There is no automatic bar to a subsequent approval. But past refusals have to be revealed whenever an application form enquires about it. The original concerns should also be dealt with honestly in the new application. - When is the deadline for a sponsorship appeal?
To qualify as a sponsorship appeal, it should be submitted to the Immigration Appeal Division within 30 days of the decision of refusal. - Can the Federal Court grant my application?
Usually, no. When judicial review is successful, the Court will usually remand the refusal and remand the application to a new decision. - Turn Your Refusal Into a Clear Legal Strategy
Rejection of immigration is disheartening, yet an emotional response may lead to secondary issues. Reapplying without understanding the decision may repeat the same weaknesses. Waiting too long may cause you to lose an important appeal or judicial-review opportunity.
Kurzfeld Law Firm assists individuals and families to respond to rejected visit visas, study permits, work permits, permanent residence applications, sponsorship cases and other complicated immigration decisions.
Our highly qualified immigration lawyers can review your entire application history, discuss what options are available to you, and implement a plan in accordance with the evidence and Canadian immigration policy. We offer services such as immigration appeals, removal cases, and Federal Court cases.
Whether your best option is a carefully prepared reapplication, reconsideration request, IAD appeal or Federal Court judicial review, your next step should be deliberate.
Get in touch with Kurzfeld Law Firm immediately when you are denied immigration in Canada. Timely legal counsel can safeguard significant deadlines, pinpoint mistakes in the verdict and give your case its best chance at success.
