Refused Application | Restoration of Status | Appeals | Judicial Review

If your application is refused, it is not always clear what your next step should be. No matter your plan, you should act quickly to consult with our team as there are important deadlines that cannot be missed.

Our qualified lawyers and professionals can lead you through the appropriate process based on your particular circumstance. If your application has been refused, contact us as soon as possible for a consultation!

Refused Applications

A refused application may not be the end of the road in achieving your Canadian immigration goals. Many applications are refused for administrative errors, while others may be refused due to policy and legal concerns.

In some cases, you can re-apply to Immigration, Refugee and Citizenship Canada. In matters relating to sponsorship, removal orders and residency obligations, you may apply to the Immigration Appeal Division (IAD).

If the reviewing officer made an error in their application of law and policy, you can apply to the Federal Court of Canada for a Judicial Review.

Restoration of Status

If you are in Canada your status (worker, student, visitor) has expired or, in some cases, your application for temporary residence is refused, you may still have an opportunity to remain legally in Canada through a process called restoration of status.

You have 90 days from the date your status expired (or in some cases, the date your application was refused), to apply for restoration.

If your application is approved, you regain legal status in Canada and can continue your previous activities. If refused, you must leave the country.

Appeals

The Immigration Appeal Division (IAD) of the Immigration and Refugee Board of Canada hears appeals on certain immigration decisions. If you or a family member has received a refusal or removal order, you may have the right to challenge that decision before the IAD.

Only certain matters are heard by the IAD such as matters regarding sponsorships (outland), permanent residency obligation appeals and removal orders to permanent residents.

There are short time lines and very specific steps that must be followed during the appeal process. In most cases, you only have only 30 days to appeal the decision. Do not delay in contacting our team of professionals!

Judicial Review

When an immigration decision cannot be appealed, the next option may be to ask the Federal Court of Canada for a Judicial Review. A Judicial review is not a new hearing and cannot hear new evidence or witnesses. Instead, it examines whether the decision made was made fairly, reasonably and according to law.

As lawyers, we can make this application to the Court on your behalf. Certified Immigration Consultants are not allowed to apply to the Court for a Judicial Review.

 

Canadian Economic Immigration Assessment

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Have questions about Canadian immigration?

Learn more about the Immigration process in our FAQs