Canada Visa And Immigration Refusals (Options After Refusal)

If you were refused Canada visa or immigration, there are options after refusal. You can ask for reconsideration, reapply, appeal or apply for judicial review. What to do after Canada visa refusal depends on reasons for refusal, type of application, and your situation. Learn about options and important deadlines.

Options After Refusal


In most cases, you can ask for reconsideration or appeal of an immigration decision. Alternatively, you can merely reapply! There is no limit on how many times you can re-apply for a visa. The only drawback, each time you have to pay a fee. So, don't panic. Immigration or Canada visa refusals could happen for different reasons. Sometimes, the immigration or visa officer can make a mistake of law or fact. In other cases, you might be inadmissible, or procedure could be.


What If Canada Visa Was Refused?


If you have been refused a visa, first, read the refusal letter! Usually, refusal letters contain general reasons and specific reasons for refusal checked out in the letter.


Now, you have to decide what to do next, ask for reconsideration, reapply, appeal or apply for judicial review.


Remember, you have 10 days to request reconsideration of the negative decision. If you missed this deadline, you could still reapply. However, in your new application try to address the points of the previous refusal (remember, read the refusal letter first). Add new or additional documents, explain your arguments, etc. If you ended up with the refusal, you could apply for judicial review to the Federal Court of Canada.


Immigration Refusals


If your application for permanent residence has been refused, there are more options.


Thus, if a sponsorship application is refused, the sponsor may appeal to the Immigration Appeal Division (IAD).


Also, you may have lost your PR status because you haven't been physically present in Canada at least 730 days out of every five years. So, if the case is about residency obligation, you can appeal to the IAD.


Refugee applicants can also appeal a decision to the Refugee Appeal Division (RAD). Refugees would have this option only if the panel member made a mistake of fact or law.


Express Entry refusals is a hot topic as well. The primary issue with that is the applicants fail to update information in the EE profile, submit incomplete packages of documents, misrepresent, etc. If a mistake occurs, you can always ask the Federal Court of Canada to review a negative decision.


Deadlines In Appeals And Reviews


If you miss the deadline to apply for appeal or review of a negative decision, you probably have to reapply. Each type of immigration application, in case of a refusal, provides for a different delay for appeal or review! For example:


  • Sponsorship appeal - Notice of Appeal must be filed within 30 days to the IAD by a sponsor.
  • Refugee appeal - Notice of Appeal must be filed within 15 days to the RAD by a refugee claimant.
  • Residency obligation appeal - Notice of Appeal must be filed within 60 days after you received the IRCC written decision.
  • Judicial review at the Federal Court of Canada - application must be filed within 15 days if the matter arises in Canada. An application must be filed within 60 days for a matter arising outside Canada.


If you would like to know more about  immigration refusals and options, you may call +1-647-695-5256 or email lena.levtsun@leromlaw.com or message us using the contact form below.


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