A refusal letter from Immigration, Refugees and Citizenship Canada is evidence: it tells you why the decision was made, and that shapes what to do next. Depending on the application and the reason, the options are to apply again with what was missing, to ask the officer to reconsider, to appeal to the Immigration Appeal Division, or to seek judicial review at the Federal Court. This page explains each route and the deadlines that come with it.
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First, understand the reason
Read the refusal letter and any officer decision note supplied with it alongside the application you submitted. IRCC now provides notes with many refusal decisions, so the first practical question is what you already received rather than what to request. Further records may be useful in some files. Check what came with the decision and have any applicable deadline reviewed promptly. Requesting more records does not pause a deadline.
Where notes are supplied, they are where the officer’s reasoning lives: the purpose of the visit, ties to a home country, finances, or the credibility of a document. Coverage has exceptions, and some information can be removed. IRCC lists the application types included on its officer decision notes page.
Reapplying without reading the notes is the most common mistake we see. IRCC says it directly: applying again with the same information, even with a representative, will likely not change the decision.
Reapply
Available for most applications at any time unless the letter says otherwise, and worth doing only with information the first file lacked.
Reconsideration
A request that the officer revisit the decision. Discretionary, and by IRCC policy reserved for exceptional cases.
Appeal to the IAD
For sponsorship refusals, most removal orders against permanent residents, and residency obligation decisions.
Judicial review
An application to the Federal Court to review the decision for error, filed through counsel authorised in that court, on a short deadline.
Reapplying and reconsideration
For visitor visas, study permits and work permits there is no appeal to a tribunal. The practical options are a new application that answers the refusal directly, with evidence, or a reconsideration request in the narrow cases where the officer made an error on the material already in the file, or where something material was overlooked.
IRCC’s reconsideration policy is clear that there is no formal right to it: officers have discretion, reconsideration should only be done where warranted in exceptional cases, and dissatisfaction with the result is not enough. A reconsideration request that reads like an argument rarely succeeds; one that points to a specific error, with the page it is on, sometimes does.
Appeals to the Immigration Appeal Division
The IAD hears appeals on sponsorships, removal orders and residency obligations. A sponsor whose family sponsorship application is refused has 30 days after receiving the refusal letter to file a notice of appeal. Permanent residents and protected persons who receive a removal order, and permanent residents found not to have met the residency obligation, also have a right of appeal in most cases, each with its own time limit stated in the decision.
IAD appeals are full hearings with evidence and witnesses, and for sponsorship appeals the Division may also offer alternative dispute resolution. An RCIC-IRB is authorised to represent you at the IAD. See spousal sponsorship for how a sponsorship file is built in the first place.
Judicial review at the Federal Court
Where there is no appeal, or once an appeal is exhausted, a decision can be challenged at the Federal Court of Canada on the basis that it was unreasonable, wrong in law, or reached unfairly. The Court does not decide the application again; it decides whether the decision should stand, and if not, sends it back to be decided by a different officer.
Deadlines are strict and short, counted from the day you receive the decision, and shorter for decisions made inside Canada than for those made abroad; the citizenship refusal deadline, for example, is 30 days. The application is filed through counsel authorised to appear in the Federal Court. An immigration consultant cannot file it, but can review the refusal, obtain the notes, and refer you to counsel with the file already organised.
Refused refugee claims follow their own route through the Refugee Appeal Division, and people facing removal may be offered a pre-removal risk assessment. Status problems inside Canada are covered under immigration help inside Canada.
What a refusal review involves
The refusal letter, any decision note and the original application are read together. The consultation reviews the available documents and identifies the questions, records and next steps that need attention, including which route the file points toward: a new application, a reconsideration request, an appeal where one is available, or a referral for judicial review. The advice depends on the file and the scope agreed.
Based in Edmonton, working across Alberta
Imprint Immigration Services reviews refusals for clients in Edmonton, across Alberta and abroad. Many clients come to Imprint after a refusal on a file prepared elsewhere. Consultations are held in person and by video.
Working with an RCIC-IRB in Edmonton
Imprint Immigration Services is led by Shirani Jenita Daniel, a Regulated Canadian Immigration Consultant authorised to represent clients before Immigration, Refugees and Citizenship Canada and before the Immigration and Refugee Board. Her CICC licence number is R705794 and it can be checked on the CICC public register.
A consultation is a paid appointment where your situation is reviewed and the options that may apply are explained to you. It is a review, not a prediction. No representative can tell you what an officer will decide.
Consultations are held in Edmonton and remotely. Call (825) 435-1101 or book a consultation.
Common questions after a refusal
- Can I appeal a refused visitor visa, study permit or work permit?
- There is no appeal to a tribunal for these decisions. The options are a new application that addresses the reasons for refusal with evidence, a reconsideration request in narrow cases, or an application for judicial review at the Federal Court within the deadline set by law.
- What is a reconsideration request to IRCC?
- A request that the officer who refused the application revisit the decision. IRCC policy states that officers have discretion, that there is no formal right to reconsideration, and that it should only be done where warranted in exceptional cases. Requests that identify a specific error on the material already in the file are the ones that fit that policy.
- How do I find out why my application was refused?
- Start with what IRCC already sent you. IRCC now provides officer decision notes with many refusals, so read the letter and anything attached to it beside the application you submitted. Further records can be requested where they are not supplied, but a records request does not pause any deadline that applies to your decision.
- How long do I have to appeal a sponsorship refusal?
- A sponsor has 30 days after receiving the IRCC refusal letter to file a notice of appeal with the Immigration Appeal Division. The deadline is stated in the refusal.
- Can an immigration consultant file a judicial review?
- Imprint does not provide Federal Court representation. If judicial review is being considered, obtain advice from a lawyer authorized to practise in that court. A consultant can review the refusal, help assemble the records, and refer you.
- Should I just apply again?
- Only if the new application contains information or evidence the first one lacked. IRCC states that applying again with the same information, even with a representative, will likely not change the decision.
This article is general information and is not immigration advice. Advice about your own situation comes from a consultation with Shirani Jenita Daniel, RCIC-IRB, CICC Licence R705794. Representation begins only once a retainer is signed.