Immigration law

Immigration refusal: What appeals exist in Canada

An immigration refusal is not always final. Depending on the ground stated in the decision and the program involved, three routes exist: file a corrected new application, request reconsideration, or challenge the decision before the relevant appeal division or the Federal Court.

  • Appeal deadlines are short and strict
  • The exact ground of refusal determines the route
  • Our lawyers have argued before the RPD, the IAD and the Federal Court
  • Three offices: Gatineau, Trois-Rivières and Sherbrooke

What we do

The refusals we handle

The ground stated on the refusal letter, and the officer's notes on file, determine which route is open. That is the first thing we ask to see.

Study permit refusal

A study permit refusal is most often based on insufficient funds, weak ties to the home country or the coherence of the study plan. Depending on the stated ground and the officer's notes, the right route is a corrected new application, a reconsideration request or judicial review.

Work permit refusal

A work permit refusal often turns on the job offer, the LMIA or the applicant's admissibility. We review the file notes before recommending a new application or an appeal.

Visitor visa refusal

A temporary resident visa is refused when the officer is not satisfied the person will leave Canada at the end of the stay. The file is rebuilt on objective evidence: employment, assets, family obligations.

Permanent residence refusal

A permanent residence refusal may concern admissibility, completeness of the file or the genuineness of the relationship in a sponsorship. Depending on the program, the appeal lies with the Immigration Appeal Division or the Federal Court.

Citizenship refusal

A citizenship application refusal generally concerns physical presence in Canada, knowledge of the country or language. The decision may be challenged by judicial review.

Inadmissibility

Inadmissibility may be found for criminality, misrepresentation, medical or financial grounds. Depending on the case, the response is rehabilitation, a temporary resident permit or a challenge to the finding.

Judicial review at the Federal Court

Judicial review does not re-decide the application: it examines whether the decision was reasonable and the process fair. The application for leave must be filed within a strict deadline from receipt of the decision.

RAD, IAD appeals and PRRA

The Refugee Appeal Division (RAD) and the Immigration Appeal Division (IAD) review certain decisions. The Pre-Removal Risk Assessment (PRRA) applies when removal is imminent. Our lawyers have argued before the RPD, the IAD and the Federal Court.

This page describes appeal routes provided by law. It is not legal advice and guarantees no outcome: every file turns on its own facts.

Have you received a negative decision?

Bring the refusal letter. Deadlines run from the date you received it.

Meet us

Three offices in Quebec

129 promenade du Portage, suite 210, Gatineau

Gatineau

129 promenade du Portage, suite 210
Gatineau, QC J8X 2K2
(819) 664-0738
324 rue des Forges, Trois-Rivières

Trois-Rivières

324 rue des Forges
Trois-Rivières, QC G9A 2G8
(819) 635-2689

Sherbrooke

455 rue King Ouest
Sherbrooke, QC
(819) 635-2689

info@neavocats.com