Facing a refusal from Immigration, Refugees and Citizenship Canada (IRCC) can be frustrating and overwhelming. However, a refusal is not always the end of the road. There are multiple pathways to address and challenge a refusal, depending on your specific situation and reasons for rejection. Understanding the reasons behind the refusal and knowing your options is essential to take the right steps forward. Today, we will discuss what you can do after IRCC refuses your application.
So, without further ado, let us begin!
Understand Why IRCC Refused Your Application
Before taking any action, it’s critical to understand the reason behind your application’s refusal. Sometimes the refusal letter from IRCC offers only limited information, leaving applicants confused about what went wrong.
A refusal can be due to various reasons, such as incomplete documentation, failure to meet eligibility criteria, inadmissibility issues, or simple clerical errors. It’s important to identify whether the refusal was a result of a legitimate assessment or a mistake by the processing officer.
The first and most essential step is to get more clarity by obtaining your Global Case Management System (GCMS) notes.
Obtain A GCMS Note For Detailed Insight
The GCMS is the internal system used by IRCC and the Canada Border Services Agency (CBSA) to manage immigration files. Through a GCMS note, you can access a detailed record of your application, including:
- Application details (type, submission date, processing status)
- Officer’s notes and observations
- Correspondence records
- Documents submitted by you or your representative
- Precise reasons for refusal
To obtain a GCMS note, you must submit an Access to Information and Privacy (ATIP) request, which requires a $5 processing fee. Only Canadian citizens, permanent residents, or individuals residing in Canada can request GCMS notes. If you’re outside Canada, you’ll need a Canadian representative to apply on your behalf using the IMM 5744 consent form.
While IRCC typically responds within 30 days, it can take several weeks or months to receive the note. Also, your application must have passed the R-10 completeness check before you can request a GCMS note.
Consider Submitting A Reconsideration Request
The next thing to do after IRCC refuses your application, is to submit a reconsideration request.
If you believe your application was refused due to a processing error or misunderstanding, you have the option to request a reconsideration. This involves asking IRCC to re-examine the decision without initiating a formal appeal or judicial review.
A reconsideration request is appropriate if you are certain that:
- You met the eligibility and admissibility criteria
- All forms and documents were complete and accurate
- You provided sufficient proof of financial resources
- There was no misrepresentation in your application
- You have met all program-specific requirements
When submitting a RR, your package should include:
- The GCMS note
- Original application and supporting documents
- The refusal letter
- A detailed RR letter explaining the perceived error or misunderstanding
Your RR letter should be professional, respectful, and clearly articulate why you believe the refusal was incorrect. You may also include new supporting documents to strengthen your case.
RRs can be submitted via IRCC’s web form or email if provided. While there is no fee, it’s advisable to act within 30 days of receiving the refusal decision.
File a Notice of Appeal (If Eligible)
For specific situations, you may have the right to file a Notice of Appeal to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board of Canada. Appeals are only possible in the following cases:
- Family sponsorship application refusal
- Removal order appeal
- Permanent residency obligation appeal
Appeals are not allowed for other refusal types, like visitor visas or temporary residence applications. If your case falls outside the appealable categories, you might consider judicial review or reapplying.
Filing an appeal is appropriate if there was:
- An error of fact or law in the decision
- A violation of natural justice principles
- Humanitarian and compassionate grounds for reconsideration
Deadlines And Documentation For Filing Appeals
| Reason for appeal | Who can appeal? | Deadline to file an appeal | Necessary documentation |
| Sponsorship refusal | Canadian permanent residents and Canadian citizens who made an application to sponsor a family member. | 30 days from the date the refusal letter was received. | – A completed Notice of Appeal form. – A copy of the refusal letter sent to your family member. |
| Removal order | Canadian permanent residents, foreign nationals with a PR visa, and convention refugees or protected persons. | 30 days from the date the removal order was received. | – A completed Notice of Appeal form. – A copy of the removal order. |
| Residency obligations | Permanent residents that applied to a Canadian visa office for a travel document while they were overseas. | 60 days from the day the refusal letter was received. | – A completed Notice of Appeal form for each person in your family affected by the decision. – A copy of the decision letter received from an overseas visa office. |
Certain grounds of inadmissibility, such as criminal activity, organized crime, security threats, and human rights violations, disqualify applicants from appealing.
If your appeal proceeds, you’ll be assigned a hearing date, where you can present evidence and call witnesses. A successful appeal could result in:
- Sponsorship refusals being overturned
- Removal orders being cancelled
- Permanent residency status being maintained
Apply For Leave And Judicial Review With Federal Court
Another thing to do after IRCC refuses your application is to apply for leave and judicial review with federal court.
If an appeal is not an option, you can challenge IRCC’s decision through a judicial review at the Federal Court of Canada. This process involves requesting the court to examine whether the refusal decision was fair, lawful, and reasonable.
The judicial review process has two stages:
Stage 1: Applying For Leave
This is the initial step where you seek the court’s permission to proceed with a judicial review. Deadlines are strict:
- 60 days for decisions made in Canada
- 15 days for decisions made outside Canada
You’ll need to submit an applicant’s record, including legal arguments and references to case law. If leave is granted, your case proceeds to the next stage.
Stage 2: Judicial Review Hearing
The court schedules a hearing (usually within 30-90 days of leave being granted) where you or your legal counsel present your case. The focus is on identifying errors in fact or law that led to the refusal.
A favourable court ruling does not guarantee approval but forces IRCC to re-assess your application through a different officer. However, this route is often time-consuming and expensive, taking several months to over a year to resolve.
Reapply With A Stronger Application
In many cases, the most practical solution after a refusal is to simply submit a new application. Reapplying is often the best choice when:
- You acknowledge the initial refusal was valid
- Material changes have been made to address refusal reasons
The key is not to repeat past mistakes. Obtaining GCMS notes will provide clarity on why your application was refused, allowing you to strengthen your case.
When reapplying, ensure you address every weakness noted in the refusal:
- Provide stronger financial evidence if funds were insufficient
- Submit additional documentation to demonstrate ties to your home country
- Correct any inaccuracies or omissions from the previous application
- Include a detailed Letter of Explanation (LOE) to clarify complexities
Act promptly, as delays in reapplying could impact your eligibility due to changing immigration policies.
Consult An Immigration Lawyer For Expert Guidance
Navigating an application refusal can be complex, especially if legal or procedural errors are involved. Consulting an experienced immigration lawyer is highly recommended, particularly if:
- Your case involves legal arguments or judicial reviews
- You’re unsure about the best course of action
- You want to ensure your next application is robust
A lawyer can assess your refused application, highlight weaknesses, and recommend the best strategy moving forward. They can also provide valuable insights into relevant immigration policies, case laws, and alternative pathways.
Conclusion
Receiving a refusal from IRCC is undoubtedly stressful, but it doesn’t have to be the end of your immigration journey. Understanding your refusal reasons, exploring reconsideration, appeals, or judicial reviews, and preparing a stronger reapplication can significantly improve your chances.
Each situation is unique, so consulting with a qualified immigration professional can provide clarity and help you avoid future setbacks. Whether you choose to appeal, seek judicial review, or reapply, acting promptly and strategically is key.
MakeHomeCanada, a Canadian immigration leader, promises excellence and tailored pathways for your Canadian journey. Get in touch with us at [email protected].
