My Application Was Refused, Now What?

Refusals happen for many reasons, including subjective decision making, mistakes on forms or documents, or missing information. If an application is refused, there may be several remedies available.

Re-Application

Any re-application must fix or explain the reasons for the previous refusal. There has to be a substantial change to the re-application or it may be refused again. 

Reconsideration

This is a formal request to the officer to reconsider a possible mistake or oversight, or to present new evidence which was not available on first application.

Criminal Inadmissibility

An officer must be convinced that legal terms to be deemed rehabilitated are met, or rehabilitation may need to be applied for. A record suspension, temporary resident permit, or an appeal may also be considered. 

Medical Inadmissibility

A letter is sent to the applicant giving an opportunity to respond and submit more information. Applicants may be asked to provide mitigation plans showing, among other things, how they will cover medical costs.

Misrepresentation

Innocent, negligent or fraudulent problems with forms and documents can have serious penalties and may lead to refusal. The type and severity of the problem determines the remedy available, including re-application, reconsideration, appeal, or Judicial Review.

Immigration and Refugee Board of Canada (IRB) / Federal Court

Only some applicants have the right to appeal. Appeals in immigration happen at the various divisions of the IRB, not at court. Applications for Judicial Review to the Federal Court may only be made under very specific circumstances. There are very short timelines to appeal (sometimes 14 days). Legal advice should be sought.

Received a refusal on your application? AB Law can assist you with the best course of action to address a refusal. Contact us at abhatti@ab-legal.ca