How to Appeal a Canada Visa Refusal: Step-by-Step Guide
Canada Visa Refusal?Oh no.Do you think your Canadian dream is over because IRCC rejected your application? Well… think again! You’re just a few steps away from learning how to appeal a Canada visa refusal and turn your refusal into approval.
Receiving a Canada visa refusal can be both frustrating and upsetting. However, if the IRCC officer’s decision is unreasonable, unfair, or against the law, you have the right to appeal by sending a reconsideration request or challenging the decision in the Federal Court of Canada.
In this article, we discuss how to appeal for Canada visitor visa refusal, student visa refusal, and work visa refusal, and answer all your question.
How to Appeal a Canada Visa Refusal
There are two pathways to appeal a Canada visa refusal:
1. Requesting Reconsideration: Ask the Immigration Officer to Reassess Your Application
In this case, you’ll submit a reconsideration request. You can do so by submitting a Webform or sending an email. IRCC may (or may not) agree to reconsider the decision and reassess your application.
While this approach is economical, it’s not a formal appeal process, and IRCC is not legally obligated to reconsider applications.
2. Challenging the Decision in the Federal Court of Canada
You can request a judicial review of the decision from the Federal Court of Canada. In this scenario, a judge may order IRCC to reconsider the refusal decision. We’ll discuss this option in detail in this article.
What Is a Judicial Review?
In Canadian immigration, requesting a judicial review means formally challenging the decision made by IRCC and taking it to the federal court.
Judicial review for visa rejection is a legal process during which a judge in the Federal Court of Canada reviews the decision on your visa application and evaluates if there were any errors in interpreting the law. The judge assesses the legality, fairness, and reasonableness of IRCC’s decision.
Required Conditions to Appeal a Canada Visa Refusal
If the following conditions apply to your situation, you may be eligible to appeal a Canada visa refusal:
- You’ve received a Canada visa refusal letter.
- One of the following conditions applies to your application decision:
– The immigration officer made a factual error in assessing your application.
– The officer misapplied the law.
– The decision is based on grounds that seem contradictory or are unclear.
– There was a procedural error in assessing your application.
– The decision is unreasonable, unfair, or against the law. - You firmly believe your application should have been approved.
Deadlines to Appeal a Canada Visa Refusal
- If Applied from Inside Canada
You have 15 days from the date of receiving the visa refusal to file an appeal. - If Applied from Outside Canada
You have 60 days from the date of receiving the visa refusal to file an appeal.
How to Appeal Visa Refusal Canada In the Federal Court?
Filing an appeal for visa refusal Canada can be an exhausting and time-consuming task. However, with the correct information and the help of an expert, you can achieve the desired result: winning the case, reversing the decision, and hopefully gaining visa approval in the next assessment.
Step 1: Understand Your Refusal Reasons
You must have received a refusal letter before you can initiate the process to appeal a Canada visa refusal. You must have a complete understanding of the reasons for the refusal.
1. Carefully read your refusal letter.
2. Review the grounds for your rejection.
3. Request the officer’s notes (GCMS notes).
4. Analyze your GCMS notes. Read the notes line by line to understand the reasoning behind your application denial and know how to proceed.
Baron Visa Solutions has handled many visa appeals and we managed to overcome previous refusals.
What Is GCMS Note?
Step 2: Seek Legal Advice
While it is technically possible to do it on your own, it’s strongly recommended to consult an experienced immigration lawyer before proceeding with your appeal.
Canadian immigration laws are complex and constantly changing, and a lawyer with up-to-date knowledge and a strong legal understanding can ensure you navigate the process correctly.
You should avoid receiving multiple visa rejections, as they can affect your future visa applications. That is why it’s important to seek legal advice to proceed with your immigration journey and increase your chances of visa approval.
Therefore, hiring a qualified visa refusal lawyer is the next step to protect your interests, determine whether an appeal is the appropriate approach for you, and ensure a positive outcome.
Step 3: File the Application for Leave and Judicial Review
To appeal a Canada visa refusal, you should start with filing the Application for Leave and Judicial Review at the Federal Court of Canada, which means asking for a permission from the Federal Court to start the judicial review process. Then, you have a limited time to complete or perfect your application.
To begin the process, fill out the Form IR-1 of the Federal Court, which includes details such as:
- Names of the parties
- Date of the refusal
- Specific relief you are requesting
- Whether you have received written reasons
- Citing relevant laws to support your appeal
You can download Form IR-1 from the Federal Court website or request a copy from the Registry.
You should also inform IRCC that you are going up against them and are filing an appeal.
Who is the Appellant?
Who is the Respondent?
Step 4: You Will Receive Written Reasons from IRCC
After filing the Application for Leave, the Registry in Ottawa will request “Written Reasons” (case notes) from IRCC. This means that if no reasons for the decision were provided, the Federal Court will request a copy of the refusal letter as well as CAIPS notes under “Rule 9.”
IRCC should send these materials to the Court Registry, to you, and to the Department of Justice.
You should carefully read this document since it is part of the evidence and helps you prepare your case and have a successful appeal.
The Written Reasons contain more details regarding why your visa application was refused, including notes from the immigration officer who assessed your case. It is somewhat similar to the data you would receive in your ATIP request, with slight variations.
Deadline for IRCC to Send Written Reasons
- IRCC should provide Written Reasons without delay; however, it usually takes 20 to 40 days to transmit the requested document. It can even take longer when they are busy handling a higher volume of applications.
Step 5: File Your Application Record and Legal Memorandum
You should now submit your final Memorandum of Argument and Application Record (Applicant’s Record) to the Registry of the Federal Court of Canada and send a copy to the Department of Justice.
At this stage, you should submit supporting documents and evidence to challenge the decision. You need to prove why you believe the decision should be changed in your favor by showing the relevant laws and pieces of evidence that support your case.
In this “battle,” the Minister’s counsel tries to demonstrate that their decision was correct.
Preparing a solid Application Record is a crucial step in the process of applying for judicial review and appeal a Canada visa refusal. It has a significant impact on the outcome of the process. The better you present your appeal in your legal argument and the evidence you provide, the higher your chances of receiving permission for judicial review and winning the case.
Documents to Include in an Application Record
Your Application Record should contain the following documents:
- The Application for Leave
- A copy of the visa refusal letter
- A copy of the Written Reasons
- One or more supporting affidavits that verify the facts relied on
- A Memorandum of Argument containing concise submissions of the facts and laws relied upon
- A statement indicating your preferred language for the hearing (English or French).
Deadline to File Your Application Record and Proof of Service
- If you’ve received reasons previously, you should file the Application Record within 30 days after the filing of the Application for Leave.
- If you’ve received reasons after filing your Application for Leave, you have 30 days from the date you receive the reasons to file your Application Record.
Receiving an Offer of Settlement
Step 6: Wait for the ‘Leave Decision’
The judge will review all the documents of the case and decide whether to “grant leave” or “refuse the leave application” and dismiss the case. You can expect the judge’s decision in about 60 days, but it might take longer.
Possible Outcomes of the Judge’s Review
- Case is Dismissed
If the judge refuses your application for judicial review, your case will be dismissed and won’t proceed to the judicial review stage. This means your case will be considered ‘closed.’
- Hearing is Granted
The judge approves your request and will grant you “leave”. Your case will enter the Federal Court of Canada for a judicial review.
Step 7: Receive Notice to Appear & Attend the Oral Hearing
If your leave is granted, the court schedules the time of the oral hearing and will send you a Notice to Appear.
This notice contains the exact date and time of the hearing and whether it’s virtual or in-person. They’re usually virtual unless IRCC requests an in-person hearing and provides reasons for this request.
You or your lawyer (acting on your behalf) and the respondent (IRCC) should attend the hearing.
You can expect to wait 1 to 4 months for your hearing.
Bring all the necessary documents on the hearing day and prepare to argue and explain why the decision was wrong.
You’ll also need to answer questions about your appeal and documents.
IRCC will also explain their reasons and defend the decision.
Step 8: Receive the Judicial Review Decision
It usually takes 1 to 6 months for the Federal Court to issue the final decision on an appeal of a Canada visa refusal. In some cases, you may receive an answer in less than a month.
Possible Outcomes of a Judicial Review Decision
- Decision Upheld (Appeal Dismissed)
If your appeal is refused, the decision will be in IRCC’s favor, and the case will be dismissed.
- Decision Overturned (Appeal Granted)
If the court agrees with your appeal and you win the case, your appeal is “granted” and IRCC’s decision will be set aside. The rejection will be overturned, and subsequently, the court will return your case to IRCC for re-determination by another immigration officer.
Keep in mind that even if you win the judicial review, there is no guarantee that you will receive a visa.
Step 9: Update Your Documents
After your case is returned, you will be asked by IRCC to update your documents. IRCC typically sets a deadline for updating documents. Afterwards, another immigration officer will re-determine your application.
Step 10: Receive the Final Answer from IRCC
Re-determination processing time will vary based on your visa type. Typically, you’ll hear back in 3-4 months, but it could take up to a year.
After the re-determination of the application, one of the two scenarios below will happen:
1. Your Application will be Refused
If the second officer decides you are still not eligible, your Canada Visa Application will be refused, and you will be informed via a visa refusal letter.
2. Your Application will be Approved
If IRCC decides to give you a visa, your application will be approved, and you will have 1 month to send your passport to have your visa issued.
Case Studies
Not Even the 6th Rejection Could Break Their Bond: A Story of Persistence
Forcing IRCC to Reunite a Family: A Story of Long-Distance Love
From Iran to Canada: A Family’s Struggle for Reunion
How Much Does It Cost to Appeal a Canada Visa Refusal?
- Ordering GCMS notes: $5.00
- Filing an application for leave and judicial review: $50.00
- Application for extension of time to commence a proceeding (if applicable): $20.00
- Requisition for hearing: $50.00
- Lawyer fees: vary based on your lawyer and your case, but are usually between $2,000 and $3,000.
Applying to the Canadian Federal Court can be somewhat expensive, but it enables you to defend complicated cases.
Appeal a Canada Visa Refusal: Pros and Cons
Advantages
- Guaranteed Processing
Unlike a reconsideration request, which may not be processed, a judicial review ensures that your case will be heard by a judge in a court of law.
- Legal Representation
You’ll have a lawyer to represent you, providing expert legal advice and ensuring your case is handled professionally. The case will be examined legally. There will be no place for the personal opinions of the immigration officer, and the focus will be on legal issues.
- Impartial Review
The court acts independently and impartially towards both you and the IRCC, ensuring an unbiased assessment of your case.
- Higher Success Rate
A successful judicial review significantly increases your chances of obtaining a visa.
- Clean Record
A successful outcome or a settlement before a hearing can clear your rejection record, allowing for a fresh assessment of your application.
Disadvantages
- Higher Costs
Judicial review is a bit more expensive than other alternatives due to court fees and lawyer expenses.
- Time-Consuming Process
The court process can be lengthy, potentially delaying your travel plans.
- Complexity, Requiring Legal Expertise
The court process is complex and requires legal expertise. It’s not something you can handle alone.
- No Guaranteed Outcome
While a successful judicial review increases your chances of approval, it doesn’t guarantee a visa.
- Public Record
Court cases are public records, which means your case details may become accessible to the public.
We Can Help You Succeed!
With over 13 years of dedicated experience in Canadian immigration, our expertise extends deeply into federal court appeals for visa refusals. We know how discouraging a visa rejection can be—but we’re here to provide the guidance and legal insight needed to strengthen your appeal. From realistic consultations to tailored support, we aim to improve your chances of a successful outcome.
Start Your Journey to Success Now!
Schedule a consultation
Take the first step to reverse your visa refusal and let our experts, assess your case.