Request reconsideration
Ask the officer to look at the refusal again. It's the fastest route, but the officer doesn't have to reopen the file.
Usually fits whenThere's new information, or the officer made a clear error or missed a document.
Application refused? You may have only 15 days to challenge it.
We read the officer's reasons, tell you whether to ask for reconsideration, go to the Federal Court, appeal or re-apply, and handle it for you.
Thank you, we have it.
We'll call you during office hours, 9 am to 5 pm, 7 days a week. If your deadline is in the next few days, call now.
Book a free video meeting now Call (289) 309-3069Deadline check
Work out your Federal Court deadline.
The clock starts when you're told of the decision. Asking the officer to reconsider doesn't stop it.
- 15
days if you applied from inside Canada
- 60
days if you applied from outside Canada
Where did you apply from?
Pick a date to see your deadline.
General information, not legal advice. Court rules on counting days, holidays and the winter recess can move the exact date, and an extension is sometimes possible. We'll confirm your deadline.
Your options
Four ways to respond to a refusal.
Which one fits depends on why you were refused and where you applied. Each case is different, so we work with you closely to pick the right path, and sometimes use two at once.
Read the full guide: IRCC refusal: reconsideration, judicial review or re-apply?.
Judicial review
Challenge the decision at the Federal Court. A strong option for many refusals, especially where the process was unfair or the reasons don't hold up.
Usually fits whenThe officer ignored evidence, misread the law, or gave reasons that don't explain the refusal.
File an appeal
Some refusals can be appealed to the Immigration Appeal Division, where your case can be heard in full and in a different light.
Usually fits whenA family sponsorship was refused, or a permanent resident has lost status or faces removal.
Re-apply
Sometimes a stronger application with the missing information makes the difference, without going to court.
Usually fits whenThe refusal turned on a gap in the documents that you can now fill.
Judicial review
How a Federal Court challenge works.
The Court doesn't decide your application again. It decides whether the officer's decision was reasonable and fair. If it wasn't, your file goes to a new officer.
Ask about your refusal- File for leaveWe file an application for leave and judicial review at the Federal Court, within 15 or 60 days.
- Get the officer's reasonsThe reasons and the officer's notes are requested, so the argument targets what the officer actually decided.
- The Court decides on leaveA judge reads the written arguments and decides whether the case goes to a hearing. The government sometimes agrees to send the file back before this point.
- The hearingIf leave is granted, the hearing is usually set within 90 days. We argue your case.
- The resultIf the decision was unreasonable or unfair, it's set aside and decided again by a different officer.
Your first meeting
What to bring to your first meeting.
Don't wait to collect everything. If your deadline is close, book first and send the rest after.
- The refusal letterAnd any reasons sent with it.
- Your applicationThe forms and documents you submitted.
- Key datesWhen you applied and when you were told of the refusal.
- Your current statusThe expiry date on your permit, if you're in Canada.
- Letters from the officerProcedural fairness letters or requests for documents.
- Officer's notes, if you have themAlso called GCMS notes. If not, we can request them.
★★★★★
“I had an issue with my work permit being rejected that I was able to create a request for reconsideration, file a judicial review, and get approved with Benjamin's help.”
Dimas WidjanarkoGoogle review
Videos
Watch it explained.
How long do I have to challenge a refusal?
For judicial review at the Federal Court, 15 days from when you were told of the decision if you applied from inside Canada, or 60 days if you applied from outside Canada. Appeals to the Immigration Appeal Division have their own deadlines, often 30 days. A reconsideration request has no fixed deadline, but send it quickly: it doesn't pause the judicial review deadline.
Should I ask for reconsideration or go to the Federal Court?
Reconsideration is quicker and less costly, but the officer doesn't have to reopen the file and the request doesn't stop the Federal Court deadline. When the deadline is close, we often file both.
Can the Federal Court approve my visa or permit?
No. If the Court finds the decision unreasonable or unfair, it sets the refusal aside and a different officer decides the application again.
Can I stay in Canada while I challenge a refusal?
It depends on your status. Filing a challenge doesn't by itself let you stay or stop a removal. If your status has expired, you may be able to apply to restore it within 90 days. We'll check where you stand at the first meeting.
Is the first meeting free?
Video meetings are free. In-person meetings at First Canadian Place are $100.
Related
Other immigration matters we handle.
Free video meeting
Refused? Talk to a lawyer before the deadline.
By video (free) or in person at First Canadian Place ($100), 7 days a week.
Cohen Murison Law
100 King Street West, Suite 5700
First Canadian Place, Toronto, ON M5X 1C7
Open 7 days, 9 am to 5 pm. Closed on public holidays.
100 King Street West, Suite 5700
First Canadian Place, Toronto, ON M5X 1C7
Open 7 days, 9 am to 5 pm. Closed on public holidays.