What to do when your immigration application is refused

First: understand why you were refused

Before deciding what to do next, you need to understand the reason for the refusal. The refusal letter, or the notes of the officer who made the decision, will tell you what grounds the refusal was based on. Common reasons include:

• ✓Insufficient documentation to support the application
• ✓Concerns about the genuineness of a relationship (for sponsorship applications)
• ✓Failure to meet a financial or other eligibility requirement
• ✓A finding of inadmissibility, for criminal, health, or security reasons
• ✓Procedural or legal errors by the officer
• ✓Insufficient evidence of establishment or ties to home country

The reason matters because it determines which option makes the most sense, and whether the same application resubmitted with stronger evidence would succeed, or whether a legal challenge to the decision is warranted.

Option 1, Appeal to the Immigration Appeal Division

The Immigration Appeal Division (IAD) is a tribunal within the Immigration and Refugee Board of Canada. It hears appeals from people who have received:

• ✓A removal order (deportation, exclusion, or departure order)
• ✓A refusal of a sponsorship application for a family member
• ✓A determination that a permanent resident has failed to meet residency obligations

The IAD has broad powers. It can consider both legal grounds and humanitarian and compassionate factors. This means even if the original decision was technically correct, the IAD can take your personal circumstances into account, including your length of time in Canada, your family connections, your rehabilitation, and the impact on your children.

Option 2, Judicial review at the Federal Court

Judicial review is a different process from an appeal. The Federal Court does not reconsider the facts of your case, it reviews whether the original decision-maker made a legal error. This includes errors like:

• ✓Failing to consider relevant evidence
• ✓Applying the wrong legal standard
• ✓Making a decision that was unreasonable given the evidence
• ✓Breaching procedural fairness. For example, failing to give you an opportunity to respond to concerns

If the Federal Court finds an error, it typically sends the matter back to be decided again by a different officer or panel. It does not grant you the immigration status you applied for, it gives you another chance at a proper decision.

The deadline for judicial review applications is generally 15 days for matters inside Canada and 60 days for matters outside Canada, from the date the decision was received.

Option 3, Pre-Removal Risk Assessment (PRRA)

If you are subject to a removal order and face risks if returned to your home country, such as persecution, torture, risk to life, or cruel and unusual treatment, you may be eligible to apply for a Pre-Removal Risk Assessment. A PRRA officer reviews whether you would face these risks if removed.

PRRA is generally only available after other options have been exhausted, and the bar for success is high. Eligibility also depends on when you last had a refugee claim or PRRA decision. It is not a first step, but for some people it is the last available protection before removal.

Option 4, Humanitarian and compassionate application

An H&C application allows people who do not meet standard immigration requirements to apply for permanent residence based on their personal circumstances. Decision-makers consider factors including:

• ✓How long you have been in Canada and how established you are
• ✓Your family ties in Canada, including Canadian citizen or permanent resident family members
• ✓The best interests of any children directly affected
• ✓Your potential hardship if required to leave Canada
• ✓Your ties to your country of origin

H&C applications are discretionary, there is no guarantee of success even with compelling circumstances. They are also not an emergency remedy and can take considerable time to process. Filing an H&C application may not stop removal proceedings unless a separate stay is also obtained.

Option 5, Reapply with stronger evidence

In some cases, particularly where the refusal was based on insufficient documentation rather than a legal or credibility finding, submitting a new, stronger application may be the most practical path forward. This is especially common for visitor visas, study permits, and work permits.

However, reapplying without understanding why the first application failed often produces the same outcome. A careful review of the refusal before deciding to reapply is important.

Why acting quickly is not optional

In immigration matters, delay is not neutral, it actively closes off options. Deadlines to file an appeal or judicial review are measured in days, not weeks. Missing a deadline does not just make things harder, it can eliminate your right to challenge the decision entirely.

If you have received a refusal, the single most important thing you can do is understand your deadlines immediately and get advice on your options before any of those deadlines pass. Getting proper guidance on immigration refusals is not something to defer.

Frequently asked questions