Canadian Immigration Application Refusal: What to do Next?

Overview

All decisions taken by Immigration, Refugees and Citizenship Canada (IRCC) that affect an application can be presented to the Federal Court, which will first decide if the case merits a hearing (prima facie unreasonable) or if it raises an important question of Law. An example of this could be a work or study permit application that is refused despite substantial evidence that could favour its approval.

The refusal of an application for permanent residence can also be contested before the Immigration Appeal Division, in the case of refused sponsorships, for example. The refusal of an application for permanent residence can also be contested before the Federal Court, as would be the case for a refused skilled worker application.

If warranted in your particular situation, Cohen Immigration Law can do the following:

• Reconsideration letters. If the refusal was based on an error in fact or in law, and/or if that decision was not in accordance with the principles of procedural fairness, we will write to the program manager of the Canadian Visa Office in question to point out the errors and to request a reconsideration of the refusal.

• If no response is received or a negative response is received, we can seek the appropriate legal proceedings if the case appears to be worth pursuing:
  
  
  • For applications rejected by Immigration, Refugees and Citizenship Canada at the federal level, recourses are usually presented before the Immigration Appeal Division or the Federal Court.
    
    
  • For applications rejected by the Ministère de l’immigration, de la Diversité et de l’Inclusion (Quebec only, for permanent immigration applications), recourses are usually presented before the Tribunal administratif du Québec or the Superior Court of Quebec.