My immigration application was refused. What can I do?
A refusal rarely arrives at a good time. The first instinct is usually to start again: file a new application, fix whatever seemed off, and hope. Sometimes that is the right call. Sometimes it is the worst one.
First: understand the refusal
The refusal letter is short and its wording is often generic. What matters is in the officer’s notes, which you can obtain by requesting your file. Those notes say what did not convince: a missing document, income considered insufficient, doubt about your intention to leave at the end of the stay, an inconsistency between two forms.
Until you know why you were refused, filing again means replaying the same hand and hoping for a different result.
Three routes, and they are not interchangeable
A new application. Nothing prevents it, and it is often the fastest route when the refusal came down to incomplete evidence. One caution: do not quietly “correct” information already given. An inaccurate answer, even without intent to deceive, can be treated as misrepresentation and lead to five years of inadmissibility. A discrepancy between two applications gets noticed.
An appeal to the Immigration Appeal Division. This route exists only in certain cases: refusal of a family class sponsorship, a removal order, or a finding that a permanent resident failed to meet the residency obligation. The deadline is 30 days from receiving the reasons for refusal. Before the Appeal Division you can argue an error of law or fact, a breach of procedural fairness, and also humanitarian and compassionate grounds — which makes it, for a family, the widest route.
Be aware that some refusals carry no right of appeal at all, including those based on misrepresentation — unless the person refused is your spouse, common-law partner or child — or on serious criminality. A refused visitor visa, study permit or work permit gives no right of appeal either.
Judicial review at the Federal Court. This is what remains when there is no appeal. The deadlines are short and depend on where the decision was made: 15 days if it was made in Canada, 60 days if it was made outside Canada. An extension can be requested, but it has to be justified; it is not granted simply because you were late.
What judicial review does — and does not do
The Federal Court does not retake the decision. It checks whether the decision was reasonable and whether the process was fair. If you succeed, the file goes back to a different officer to be decided again. That is a real win, but it is not a visa.
Note also that the procedure has two stages: you must first obtain leave from the Court, then argue the merits. The record then has to be perfected within a tight deadline.
What to do first
Write down the date you received the decision. That is what starts the clock — not the date on the letter, and not the day you opened it. Keep the envelope, the email, the delivery confirmation. Then have the file assessed quickly: between a new application, an appeal and judicial review, the right choice depends on the exact reason for the refusal.
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This text provides general information and is not legal advice. Every immigration file has its own facts and its own deadlines. If you have received a refusal, consult without delay.
