Receiving a refusal from Immigration, Refugees and Citizenship Canada, commonly known as IRCC, can be stressful, disappointing, and confusing. Whether the refusal relates to a visitor visa, study permit, work permit, sponsorship application, permanent residence application, or another immigration matter, applicants are often left wondering the same thing: what happens next? What should I do?

The answer depends on the type of application refused, the reasons for refusal, where the decision was made, and whether there is a right of appeal or a basis to challenge the IRCC decision in the Federal Court of Canada.

A refusal is not always the end of the immigration process. In many cases, applicants may have options, including requesting reconsideration, re-applying, and/or challenging the decision.

Understand Why the Application Was Refused

The first step after receiving an IRCC refusal is to carefully review the refusal letter.

Sometimes the refusal letter provides detailed reasons, while in other cases it is unclear how the IRCC decision-maker arrived at their decision to refuse the respective application, especially when considering what was included in the application.

Since July 2025, most refusal letters of applications for temporary resident status will be accompanied by another letter called the Officer Decision Notes (“ODN”), which can in some instances provide applicants with additional details for the refusal.

Common reasons for refusal may include concerns about:

• the applicant’s purpose of travel;
• financial support;
• family, employment, or economic ties to their country of residence;
• whether the applicant will leave Canada at the end of their authorized stay;
• admissibility issues, including criminality, medical inadmissibility, or misrepresentation;
• whether the applicant meets the eligibility criteria for the specific immigration program; or
• insufficient or inconsistent supporting documentation.

In addition to reviewing the refusal letter and ODN, it may be beneficial in more complex cases and for less-time sensitive matters to also request the IRCC’s decision-maker’s internal notes and processing history of the application under the Access to Information Act and/or Privacy Act.

Option 1: Request Reconsideration

Depending on the reasons for refusal, it may be best to ask IRCC to reconsider the decision.

A reconsideration request is generally used where there is a strong basis to argue that the IRCC decision-maker made a clear error, overlooked important evidence, and/or misunderstood the facts.

Importantly, IRCC is not required to re-open every refused application simply because an applicant disagrees with the outcome and requests reconsideration. For that reason, a reconsideration request should be focused, evidence-based, and submitted quickly after the decision.

Reconsideration may be advisable where, by way of example:

• key documents were included in the application but appear to have been overlooked;
• the refusal reasons are based on a factual mistake;
• the officer misunderstood the applicant’s circumstances; and/or
• the refusal can be addressed without needing to submit an entirely new application.

Where it would not be advisable to request reconsideration, applicants should consider re-filing or perhaps challenging the decision. The strategy will depend on several different factors including but not limited to the nature of the refusal, how time-sensitive the matter is, applicable deadlines, and the strength of the underlying application.

Option 2: Re-Apply

Simply submitting the same application again, with the same documents and the same explanation, will often lead to the same result.

Re-applying should be considered where the applicant can directly address the initial grounds of refusal. For example, perhaps IRCC concluded there were insufficient funds in assessing an application for a Canadian visitor visa, and the applicant only included some but not all their available bank statements. It might make sense in that case to simply reapply with the additional evidence that directly addresses the reason that led to the refusal of their prior application.

Similarly, a refused study permit application may need a more persuasive study plan, clearer evidence of financial support, and a better explanation of why the proposed studies make sense in light of the applicant’s background and future plans.

An applicant re-applying without meaningfully addressing the reasons for the previous refusal may result in another refusal and make future applications more difficult.

Option 3: Challenge the Refusal

The appropriate forum to challenge a decision to refuse an application depends on the type of application, the nature of the refusal, and whether a statutory right of appeal exists.

For certain permanent residence refusals, for example, including some family sponsorship refusals, there may be a right of appeal to the Immigration Appeal Division (“IAD”). In those cases, the appeal may allow the sponsor to challenge the refusal and depending on the type of case, present additional evidence and humanitarian and compassionate considerations.

For other refusals, including most temporary resident refusals and many economic permanent residence refusals, the available remedy is usually an application for leave and judicial review at the Federal Court of Canada. Judicial review is not a new application or a full appeal. The Court reviews whether the decision-maker rendered a decision that was reasonable, procedurally fair, and made in accordance with the law.

Both IAD appeals and Federal Court applications have strict deadlines. For that reason, applicants should seek advice quickly after receiving a refusal to determine whether the decision can be challenged, where it should be challenged, and whether doing so is the best strategy in the circumstances.

Key Takeaways

An IRCC refusal can feel final, but it may be only one stage in the process. The key is to respond strategically. Understanding the reasons for refusal, identifying the available legal remedies, and acting within the required deadlines can make a significant difference.

Whether the best path forward is a reconsideration request, a stronger re-application, or challenging the decision, the response should be tailored to the specific facts of the case.

If your Canadian immigration application has been refused, our team can help you assess the reasons for refusal, identify your available options, and develop a strategy for next steps. Because deadlines can be short, it is important to seek advice as soon as possible after receiving a refusal. Do not hesitate to contact us for more information and to schedule a consultation.