When an immigration application is refused in Canada, the applicant generally has three options: re-apply with a new application that addresses the reasons for refusal; request informal reconsideration from the visa office (a discretionary process with no legal right to reconsideration); or apply for leave for judicial review at the Federal Court of Canada, which is the formal legal remedy for challenging IRCC decisions. The option that is appropriate depends on the type of decision (temporary versus permanent residence), whether new evidence or changed circumstances are available, and the applicant's timeline and resources. Most temporary residence refusals (visitor visas, study permits, work permits) do not have a formal appeal process — the Immigration Appeal Division (IAD) of the IRB only hears appeals for certain permanent residence family sponsorships and removal orders, not temporary visa refusals. This page explains each option, the applicable timelines, and the limitations of each pathway.

For current information on what to do after an IRCC decision, refer to the IRCC after your decision page.

• Immigration and Refugee Protection Act, s 72 — judicial review: a person who is the subject of a decision made under IRPA may apply to the Federal Court for leave and judicial review; an application must be made within 15 days (if in Canada) or 60 days (if outside Canada) after the person is notified of the decision
• IRPA, s 25 — humanitarian and compassionate consideration: the Minister may grant permanent residence to a foreign national in Canada on H&C grounds, or exempt them from a requirement of IRPA; H&C consideration is a separate pathway from judicial review and re-application
• IRPA, s 62 — the Immigration Appeal Division has jurisdiction to hear appeals of sponsorship refusals for family class permanent residence applications and certain removal orders; the IAD does not have jurisdiction to hear appeals of temporary resident visa refusals
• Federal Courts Act, s 18.1 — the Federal Court's jurisdiction in judicial review matters; the standard of review is reasonableness for most IRCC decisions; procedural fairness violations are reviewed on a correctness standard
• IRCC: After your decision — canada.ca/after-decision

Option 1 — re-apply with a new application

Re-applying is the most accessible and most commonly used option after a refusal. Key points:

• New application required: a refusal does not create a waiting period before re-applying in most cases — the applicant can re-apply immediately unless the refusal letter specifies otherwise (for example, some refusals for misrepresentation carry a 5-year bar on re-applying under IRPA s 40)
• Must address the reasons for refusal: the refusal letter sets out the reasons for the decision — a successful re-application must present new evidence or changed circumstances that directly address those reasons; submitting the same application with the same evidence is unlikely to succeed
• Assess whether circumstances have changed: the strength of a re-application depends on whether the circumstances that led to the refusal have changed — for example, if a visitor visa was refused for insufficient ties to home country, strengthening the evidence of ties (employment, property, family) before re-applying is important
• No right to an explanation beyond the refusal letter: IRCC officers are not obliged to provide detailed reasons beyond the standard refusal letter; if more detail is needed, a request for the IRCC officer's notes under Access to Information and Privacy (ATIP) can be made — an ATIP request can provide the underlying notes used in the decision

Option 2 — informal reconsideration request

An informal reconsideration request asks the visa office that made the decision to review the refusal informally, without a formal judicial review proceeding. Key points:

• There is no legal right to an informal reconsideration — IRCC officers are not obliged to review a decision informally, and may decline to do so
• A reconsideration request is typically submitted by email or through the IRCC web form to the relevant visa office — it should identify the specific error or omission in the original decision and provide any new evidence or clarification
• Reconsideration requests are most likely to be considered where there is a clear factual or procedural error in the original decision — for example, where evidence that was submitted was not considered, or where the officer made a clear error of fact
• Informal reconsideration does not stop the clock on the judicial review application deadline — if an applicant intends to seek judicial review, the application for leave must still be filed within the applicable deadline regardless of any pending reconsideration request

Option 3 — judicial review at the Federal Court

Judicial review is the formal legal remedy for challenging IRCC decisions. It is available for most immigration decisions made under IRPA, subject to the leave requirement. Key aspects:

• Leave is required: an applicant cannot proceed directly to a judicial review hearing — they must first obtain leave (permission) from the Federal Court; leave is granted or denied based on whether the application raises an arguable issue; most leave applications are decided on the written record without an oral hearing
• Timeline for leave application: the application for leave must be filed within 15 days of receiving the decision if the applicant is in Canada, or within 60 days if outside Canada; these deadlines are strictly enforced — late applications require an extension of time, which is not guaranteed
• What the Court reviews: the Federal Court reviews the IRCC decision on a standard of reasonableness (whether the decision falls within a range of reasonable outcomes given the evidence and the law) or for procedural fairness violations (whether the applicant was given a fair process — for example, whether the officer raised concerns not disclosed to the applicant before deciding); the Court does not re-assess the merits of the application from scratch
• What happens if judicial review is granted: if the Federal Court grants judicial review, it typically quashes the original decision and remits the matter to a different IRCC officer for re-determination — the Court does not grant the visa or permit itself; a successful judicial review means the application will be reconsidered, but the outcome of the reconsideration is not guaranteed
• Costs and timeline: judicial review involves legal costs and can take 12–24 months or longer from the leave application to a final decision; the Federal Court does not provide legal aid for immigration matters; applicants who do not have legal representation face significant procedural complexity

Appeal rights — what can and cannot be appealed to the IAD

The Immigration Appeal Division (IAD) of the Immigration and Refugee Board hears immigration appeals, but its jurisdiction is limited:

• Can be appealed to the IAD: refusals of permanent residence applications for sponsored family members (family class sponsorship refusals); certain removal orders (deportation orders and exclusion orders, subject to standing requirements)
• Cannot be appealed to the IAD: temporary resident visa refusals (visitor visas, study permits, work permits); temporary resident permit refusals; Express Entry or other economic class refusals; refugee protection claimant decisions (which go to the Refugee Appeal Division, not the IAD)
• The IAD can allow an appeal, dismiss an appeal, or stay the removal order — for family sponsorship refusals, the IAD can substitute the visa officer's decision; this is a broader power than judicial review

Humanitarian and compassionate (H&C) grounds

For foreign nationals in Canada, an application for permanent residence on humanitarian and compassionate (H&C) grounds under IRPA s 25 is a separate pathway that can be considered alongside or instead of re-applying or seeking judicial review. H&C consideration asks the Minister to grant permanent residence (or exempt the applicant from a requirement) based on the hardship of removal and establishment in Canada. H&C consideration is distinct from a refugee claim and from the formal class-based permanent residence streams. For details, refer to the humanitarian and compassionate grounds page.

Misrepresentation — 5-year bar

Where a refusal is based on a finding of misrepresentation under IRPA s 40 (knowingly making a false statement or withholding material information), the applicant is barred from making any new immigration application for 5 years from the date of the misrepresentation finding. Misrepresentation findings can arise from the original application or from information discovered after the fact. A judicial review challenge to a misrepresentation finding is possible but faces a high bar — the Court reviews misrepresentation findings for reasonableness and procedural fairness, but an honest mistake (as opposed to deliberate misrepresentation) may still constitute a misrepresentation under IRPA.

The absence of a formal appeal process for temporary residence refusals is one of the most significant features of the Canadian immigration system — and one that is frequently misunderstood by applicants who expect a right of appeal similar to domestic administrative or court proceedings. The Federal Court judicial review pathway exists but is not a substitute for a strong application: the Court reviews the process and the reasonableness of the decision, not the merits of the application. In most cases, re-applying with a stronger, better-documented application that directly addresses the reasons for refusal is more practical and faster than judicial review. Where the refusal appears to contain a clear error of law or procedural fairness failure, judicial review is the appropriate remedy — but it requires timely action (15 or 60 days) and is resource-intensive. Applicants considering judicial review should obtain legal advice from a barrister or authorized representative (RCIC or lawyer) promptly after a refusal, given the tight filing deadlines. For current information on post-refusal options and Federal Court procedures, refer to the IRCC after your decision page and the Federal Court immigration pages.