Five potential options for visa or immigration application refusals

Sometimes the immigration authorities refuse your application to visit, study, work, or immigrate to Canada. Refusal is hurtful, but you could do something about it. This article shows you five potential options for visa or immigration application refusals.

  1. Appeal the Decision
  2. File for Judicial Review
  3. Request for Reconsideration
  4. Consider Alternative Options
  5. Apply Again!
  6. Bonus: Let us help!

Option #1 – Appeal the Decision

Under certain circumstances, you may appeal the decision of the officer to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board of Canada (IRB). Section 63 of the Immigration and Refugee Protection Act (IRPA) lists these circumstances as follows:

There is no right to appeal for inadmissibility due to the following issues:

  • security,
  • violating human or international rights,
  • serious criminality,
  • organized criminality, or
  • misrepresentation.

Spouses and children are exempt from the misrepresentation prohibition, and they may still appeal to the immigration officer’s decision.

There is no right to appeal for other applications such as Temporary Resident Visas (TRV), Express Entry applications, Temporary Resident Permits (TRP), or Provincial Nominee Programs (PNP).

If you do not have the right to appeal, you could have the right to Judicial Review. If the IAD allows your appeal, your application will be approved (with some exceptions). If the IAD refuses your appeal, you could have the right to file for a Judicial Review.

Option #2 – Judicial Review

If you have no right to appeal or the IAD refuses your appeal, you could file for Judicial Review under section 72 of the IRPA. The authority that reviews such applications is the Federal Court of Canada. The Judicial Review process usually consists of two steps.

  • Step 1 – an Application for Leave for Judicial Review: Your lawyer will submit a request to the court and asks for Judicial Review. If the court accepts the request, the court will hear your case at an oral hearing.
  • Step 2 – Oral Hearing: The judge hears both sides of the story and decides whether to vote in your favour or not. If they do, your case will be returned to the immigration authorities for a fair review.

Unlike the appeal hearings, even if you win a judicial review case, you may still refuse immigration authorities. The odds will be in your favour for sure, but there is no guarantee of success.  The Judicial Review process could review the errors of the officer in fact or law. It also considers procedural fairness or rather whether the application was processed fairly and in a timely fashion.

Option #3 – Request for Reconsideration

You may contact the immigration officer via the IRCC Web Form or email and request for reconsideration. When you submit such requests, make sure to consider the following:

  • Be courteous to the immigration officer.
  • Be clear about your request.
  • Explain why you believe you deserve reconsideration
  • Present any documents that support your request
  • Refer to the potential Humanitarian and Compassionate elements of your request (e.g. the hardship you are facing and the best interests of a child affected by the decision of the officer)

Immigration officers tend to ignore most requests for reconsideration, but they may decide to reopen your case if it goes through.

Option 4 – Consider Alternative Options

Sometimes alternative options could be available to you. For example,

  • Apply for a TRP if the refusal of the application is due to inadmissibility 
  • Apply for a record suspension if you are inadmissible to Canada because of a criminal record in Canada
  • Apply for rehabilitation if you are inadmissible due to a criminal record outside Canada (certain limitations apply)
  • Apply for an Authorization to Return to Canada (ARC) if you have received an Exclusion or a Deportation order
  • File for a pre-removal risk assessment in case your refugee claim is refused (certain limitations apply)
  • Apply under the Humanitarian and Compassionate (H&C) considerations, if there is the basis for H&C (e.g. the best interests of a child)
  • Apply for another method of immigration (e.g. Express Entry instead of sponsorship). Of course, you need to meet the requirements of the alternative method.

You may consult with a Regulated Canadian Immigration Consultant (RCIC) or an immigration lawyer for your potential alternatives.

Option # 5 – Apply Again

If the refusal is not because of inadmissibility or misrepresentation, you could apply again. However, do so if you either have new evidence to offer or your circumstances have changed significantly. Make sure to address the previous officer’s concerns in your new application.

Let us help!

If you have faced any immigration issues, fill out the following forms. We will get back to you as soon as possible. Of course, we could assist you with removal order issues whether CBSA expects recovering deportation recovery fees or not. Alternatively, you may book a consultation session with me.

    Full Name (required)

    Email (required)

    Have you entered your email address correctly?

    WhatsApp number(optional)

    Are you inadmissible to Canada?
    YesNoI don't know

    Have you received a removal order from Canada?
    Yes, DepartureYes, ExclusionYes, DeportationYes, type unknownNoI don't know

    Any other issues?

    Do you believe humanitarian and compassionate grounds apply to you?
    YesNoI don't know

    Please explain the issue briefly:

    Upload a file that could help us better understand your situation - only PDF, JPG or PNG and less than 0.5MB

    Related Posts

    IRCC accepts 90,000 immigrants from temporary residents in Canada

    Apr 15, 2021

    Criminality versus serious criminality in immigration to Canada

    Apr 13, 2021

    Dependent type A B C in immigration to Canada

    Apr 11, 2021

    Permit vs visa in Canada | work, study, travel, or stay

    Mar 25, 2021

    If you wish to visit or move to Canada, please fill out our free assessment form. We will review it for free, but we will contact you only if we find an opportunity for you. Alternatively, you may book a consultation session. Consultation sessions are not free, but you will receive formal advice from a licenced practitioner.

    Al Parsai, MA, DTM, RCIC
    Regulated Canadian Immigration Consultant
    Ashton College Instructor – Immigration Consulting
    Author – 88 Tips on Immigration to Canada

    Fill our Free Canada Immigration Assessment Form in your language!

    Disclaimer:
    This article provides information of a general nature only. Considering the fluid nature of the immigration world, it may no longer be current. Of course, the item does not give legal advice. Therefore, do not rely on it as legal advice or immigration advice. Consequently, no one could hold us accountable for the content of these articles. Of course, if you have specific legal questions, you must consult a lawyer. Alternatively, if you are looking for immigration advice, book an appointment.

    The characters and places in the articles:
    All the characters and locations in the articles are fictional, unless otherwise clearly stated. Therefore, any resemblance in names, dates, and places is coincidental.

    Important Notes:
    For our official addresses, trust this website only. We currently do not have offices outside Canada. Therefore, anyone who claims to be our agent is committing fraud. Also, note that we do not issue any work permits or study permits or similar documents. The government of Canada has the sole authority to issue such material.

    Click to read the disclaimer.

    Al Parsai

    Al Parsai is a Regulated Canadian Immigration Consultant (RCIC) in Toronto, Canada. He also teaches the official immigration consulting courses at Ashton College in Vancouver, Canada. Al who holds a Masters degree from Yorkville University is a member of ICCRC and CAPIC organizations. Al, the CEO of Parsai Immigration Services, has represented hundreds of applicants from more than 30 countries to the immigration authorities since January 2011.

    Do you have any questions?