Immigration application refused: remedies and time limits
A refusal from Immigration, Refugees and Citizenship Canada (IRCC) or from Québec’s immigration ministry is not always the end of the road. Depending on the decision, different remedies may be available, and some must be exercised within very short time limits. This guide presents these rules in general terms.
In short
Some remedies must be exercised within 15 days.
The available remedy depends on the type of decision and where it was made.
You can request a copy of your file from IRCC through an access to information request.
What remedies are available after a refusal?
Judicial review at the Federal Court. This remedy allows you to ask the Federal Court to review a decision. You must first file an application for leave:
within 15 days of being notified of the decision, when it was made in Canada;
within 60 days of being notified of the decision, when it was made outside Canada.
Appeal to the Immigration Appeal Division. When a family sponsorship application is refused, the sponsor may, in some cases, appeal. The notice of appeal must be filed within 30 days of receiving the officer’s decision and, where applicable, the written reasons for the refusal.
Québec’s notice of intent to refuse. For some Québec programs, the ministry first sends a notice of intent to refuse. The person may then submit observations and provide documents within the time indicated.
How do you obtain your immigration file?
You can request a copy of your file from IRCC under the Access to Information Act or the Privacy Act. The request can be made online or in writing.
What documents should you bring to a consultation?
The refusal letter, with the date you received it
The complete application as submitted, with its attachments
Passports and current status documents
Previous applications and their outcomes
Consulting a lawyer
This guide presents general rules. Every situation is different and must be assessed on its own facts. To learn more about our practice, see the Immigration Law page or request a consultation.
This guide contains general legal information. It is not legal advice and does not create a lawyer-client relationship.
