How to Appeal a Canada Visa Refusal: Step-by-Step Guide

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Do you think your Canadian dream is over because IRCC rejected your application? Well… think again! You’re just a few steps away from learning how to appeal a Canada visa refusal and turn your refusal into approval.

Receiving a Canada visa refusal can be both frustrating and upsetting. However, if the IRCC officer’s decision is unreasonable, unfair, or against the law, you have the right to appeal by sending a reconsideration request or challenging the decision in the Federal Court of Canada.

In this article, we discuss how to appeal for Canada visitor visa refusal, student visa refusal, and work visa refusal, and answer all your questions.

Don’t Delay!

Given the tight deadlines for appealing a Canada visa refusal, seeking legal counsel promptly is advisable.

To appeal a Canada visa refusal, you can either request IRCC to reconsider your application, or seek a judicial review in the Federal Court, where a judge may order a reassessment.
In the judicial review process, a Federal Court judge evaluates IRCC's decision for legal errors, fairness, and reasonableness.
You have 15 days to appeal if you applied from inside Canada and 60 days if you applied from outside Canada, starting from the date you received the refusal.
To begin the judicial review, you must submit an application to the Federal Court of Canada to persuade the judge to grant you permission to proceed. If the judge finds merit in your appeal, they will schedule a hearing where you can present your case.
If you succeed, your visa application will be returned to IRCC for reassessment by a different officer.
IRCC may offer to settle if they anticipate losing, allowing for a re-determination without a court hearing.

In this video, Immigration Consultant Mr. Homapour explains how to appeal a refused Canada visa through judicial review, offering a chance to overturn rejections due to missing documents, insufficient funds, or other reasons.

Topics covered in this video

How to appeal a refused Canada visa through judicial review
Federal Court deadlines & costs for appeals
Legal Memorandum and its role in your case
Sample Settlement Offer explained
Steps to file a judicial review after refusal
Key documents for a strong appeal
Winning strategies to boost your chances

Watch now to learn how to strengthen your appeal!

How to Appeal a Canada Visa Refusal

There are two pathways to appeal a Canada visa refusal:

1. Requesting Reconsideration: Ask the Immigration Officer to Reassess Your Application

In this case, you’ll submit a reconsideration request. You can do so by submitting a Webform or sending an email. IRCC may (or may not) agree to reconsider the decision and reassess your application.

While this approach is economical, it’s not a formal appeal process, and IRCC is not legally obligated to reconsider applications.

Read the full pathway here: Reconsideration request IRCC

2. Challenging the Decision in the Federal Court of Canada

You can request a judicial review of the decision from the Federal Court of Canada. In this scenario, a judge may order IRCC to reconsider the refusal decision. We’ll discuss this option in detail in this article.

What Is a Judicial Review?

In Canadian immigration, requesting a judicial review means formally challenging the decision made by IRCC and taking it to the federal court.

Judicial review for visa rejection is a legal process during which a judge in the Federal Court of Canada reviews the decision on your visa application and evaluates if there were any errors in interpreting the law. The judge assesses the legality, fairness, and reasonableness of IRCC’s decision.

Required Conditions to Appeal a Canada Visa Refusal

If the following conditions apply to your situation, you may be eligible to appeal a Canada visa refusal:

You’ve received a Canada visa refusal letter.
One of the following conditions applies to your application decision:
– The immigration officer made a factual error in assessing your application.
– The officer misapplied the law.
– The decision is based on grounds that seem contradictory or are unclear.
– There was a procedural error in assessing your application.
– The decision is unreasonable, unfair, or against the law.
You firmly believe your application should have been approved.

Deadlines to Appeal a Canada Visa Refusal

How to Appeal Visa Refusal Canada In the Federal Court?

Filing an appeal for visa refusal Canada can be an exhausting and time-consuming task. However, with the correct information and the help of an expert, you can achieve the desired result: winning the case, reversing the decision, and hopefully gaining visa approval in the next assessment.

Step 1: Understand Your Refusal Reasons

You must have received a refusal letter before you can initiate the process to appeal a Canada visa refusal. You must have a complete understanding of the reasons for the refusal.
1. Carefully read your refusal letter.
2. Review the grounds for your rejection.
3. Request the officer’s notes (GCMS notes).
4. Analyze your GCMS notes. Read the notes line by line to understand the reasoning behind your application denial and know how to proceed.

Read More: Top 10 Reasons for Canada Visa Refusal

What Is GCMS Note?

GCMS notes are official records kept by the Canadian government within the Global Case Management System (GCMS).

GCMS Notes contain annotations and assessments from the IRCC’s officer who reviewed your visa application, along with details about your immigration application.

Step 2: Seek Legal Advice

While it is technically possible to do it on your own, it’s strongly recommended to consult an experienced immigration lawyer before proceeding with your appeal.

Canadian immigration laws are complex and constantly changing, and a lawyer with up-to-date knowledge and a strong legal understanding can ensure you navigate the process correctly.

You should avoid receiving multiple visa rejections, as they can affect your future visa applications. That is why it’s important to seek legal advice to proceed with your immigration journey and increase your chances of visa approval.

Therefore, hiring a qualified lawyer is the next step to protect your interests, determine whether an appeal is the appropriate approach for you, and ensure a positive outcome.

Step 3: File the Application for Leave and Judicial Review

To appeal a Canada visa refusal, you should start with filing the Application for Leave and Judicial Review at the Federal Court of Canada, which means asking for a permission from the Federal Court to start the judicial review process. Then, you have a limited time to complete or perfect your application.

To begin the process, fill out the Form IR-1 of the Federal Court, which includes details such as:

Names of the parties
Date of the refusal
Specific relief you are requesting
Whether you have received written reasons
Citing relevant laws to support your appeal

You can download Form IR-1 from the Federal Court website or request a copy from the Registry.

You should also inform IRCC that you are going up against them and are filing an appeal.

Who is the Appellant?

If you want to appeal a decision made by IRCC, you will be referred to as the “Appellant” or the “Applicant. “

Who is the Respondent?

The “Respondent” will be the Minister of Citizenship and Immigration (a.k.a. Minister). Thus, the Minister is the party being challenged. IRCC, as the government department, is responsible for defending the Minister’s decision and will respond to the judicial review.

Step 4: You Will Receive Written Reasons from IRCC

After filing the Application for Leave, the Registry in Ottawa will request “Written Reasons” (case notes) from IRCC. This means that if no reasons for the decision were provided, the Federal Court will request a copy of the refusal letter as well as CAIPS notes under “Rule 9.”

IRCC should send these materials to the Court Registry, to you, and to the Department of Justice.

You should carefully read this document since it is part of the evidence and helps you prepare your case and have a successful appeal.

The Written Reasons contain more details regarding why your visa application was refused, including notes from the immigration officer who assessed your case. It is somewhat similar to the data you would receive in your ATIP request, with slight variations.

Deadline for IRCC to Send Written Reasons

Step 5: File Your Application Record and Legal Memorandum

You should now submit your final Memorandum of Argument and Application Record (Applicant’s Record) to the Registry of the Federal Court of Canada and send a copy to the Department of Justice.

At this stage, you should submit supporting documents and evidence to challenge the decision. You need to prove why you believe the decision should be changed in your favor by showing the relevant laws and pieces of evidence that support your case.

In this “battle,” the Minister’s counsel tries to demonstrate that their decision was correct.

Preparing a solid Application Record is a crucial step in the process of applying for judicial review and appeal a Canada visa refusal. It has a significant impact on the outcome of the process. The better you present your appeal in your legal argument and the evidence you provide, the higher your chances of receiving permission for judicial review and winning the case.

Documents to Include in an Application Record

Your Application Record should contain the following documents:

The Application for Leave
A copy of the visa refusal letter
A copy of the Written Reasons
One or more supporting affidavits that verify the facts relied on
A Memorandum of Argument containing concise submissions of the facts and laws relied upon
A statement indicating your preferred language for the hearing (English or French).

Deadline to File Your Application Record and Proof of Service

Receiving an Offer of Settlement

Sometimes, IRCC may decide to offer you a settlement when you appeal a Canada visa refusal, in order to avoid a judicial review. This usually happens when IRCC believes they won’t succeed.
Accepting an offer of settlement from IRCC means you agree to resolve the matter outside the court and discontinue your application in the Federal Court of Canada.
So, your case will be returned to IRCC for re-determination; It’s just like winning in the court without attending an oral hearing.

It usually takes up to four months for your file to be reopened after receiving an offer of settlement from IRCC.

When Will I Receive an Offer of Settlement?

You may receive an Offer of Settlement at any point during your process, but two stages are more common:

1. After Filing Your Application Record

This period is more frequent; it occurs immediately after you file your Application Record. When IRCC reviews your Application Record, they look for strong arguments and necessary evidence. If they find indications of their low chance of winning the case, they may offer a settlement.

It helps you avoid lengthy legal proceedings and save time and resources.

2. After the Leave is Granted

The second common stage occurs when the court decides to grant leave for judicial review. Receiving permission for a judicial review means the court’s decision supports your claims, which indicates they may not succeed in the final battle.

IRCC Settlement Sample Letter

Step 6: Wait for the ‘Leave Decision’

The judge will review all the documents of the case and decide whether to “grant leave” or “refuse the leave application” and dismiss the case. You can expect the judge’s decision in about 60 days, but it might take longer.

Possible Outcomes of the Judge's Review

Case is Dismissed

If the judge refuses your application for judicial review, your case will be dismissed and won’t proceed to the judicial review stage. This means your case will be considered ‘closed.’

Hearing is Granted

The judge approves your request and will grant you “leave”. Your case will enter the Federal Court of Canada for a judicial review.

Step 7: Receive Notice to Appear & Attend the Oral Hearing

If your leave is granted, the court schedules the time of the oral hearing and will send you a Notice to Appear.

This notice contains the exact date and time of the hearing and whether it’s virtual or in-person. They’re usually virtual unless IRCC requests an in-person hearing and provides reasons for this request.

You or your lawyer (acting on your behalf) and the respondent (IRCC) should attend the hearing.

You can expect to wait 1 to 4 months for your hearing.

Bring all the necessary documents on the hearing day and prepare to argue and explain why the decision was wrong.

You’ll also need to answer questions about your appeal and documents.

IRCC will also explain their reasons and defend the decision.

Step 8: Receive the Judicial Review Decision

It usually takes 1 to 6 months for the Federal Court to issue the final decision on an appeal of a Canada visa refusal. In some cases, you may receive an answer in less than a month.

Possible Outcomes of a Judicial Review Decision

Decision Upheld (Appeal Dismissed)

If your appeal is refused, the decision will be in IRCC’s favor, and the case will be dismissed.

Decision Overturned (Appeal Granted)

If the court agrees with your appeal and you win the case, your appeal is “granted” and IRCC’s decision will be set aside. The rejection will be overturned, and subsequently, the court will return your case to IRCC for re-determination by another immigration officer.

Keep in mind that even if you win the judicial review, there is no guarantee that you will receive a visa.

Step 9: Update Your Documents

After your case is returned, you will be asked by IRCC to update your documents. IRCC typically sets a deadline for updating documents. Afterwards, another immigration officer will re-determine your application.

Step 10: Receive the Final Answer from IRCC

Re-determination processing time will vary based on your visa type. Typically, you’ll hear back in 3-4 months, but it could take up to a year.

After the re-determination of the application, one of the two scenarios below will happen:

1. Your Application will be Refused

If the second officer decides you are still not eligible, your Canada Visa Application will be refused, and you will be informed via a visa refusal letter.

2. Your Application will be Approved

If IRCC decides to give you a visa, your application will be approved, and you will have 1 month to send your passport to have your visa issued.

Case Studies

Not Even the 6th Rejection Could Break Their Bond: A Story of Persistence

Visa Type: Visitor Visa
Date of Refusal: November 2, 2023
Refusal Reasons:
– A lack of assurance that she would leave Canada at the end of her stay, with the Officer pointing out her divorced status, lack of dependent children, and insufficient ties to her home country.
– The purpose of her visit was questioned, as it was deemed unreasonable given her socio-economic situation.
Date of Filing in Federal Court: January 1, 2024
Result: Settlement
Date of Settlement: April 17, 2024
Approval after Settlement
Date of Approval: June 7, 2024

IRCC Settlement Sample Letter

“Another rejection?” It was more tiring than surprising. Rouya, an Iranian citizen, was already dealing with the depression of her recent divorce, and the constant visa refusals deepened her despair. After her sixth rejection, she couldn’t bring herself to call her brother with the bad news— they would never see each other in Canada.
A few days later, her phone rang, and after a heartfelt conversation, her brother convinced her to seek legal help. Determined, she searched for a lawyer and chose us.

We saw how much Rouya wanted to visit her brother in Toronto and how sad she was about the rejections.

The key reasons for her latest refusal included a lack of assurance that she would leave Canada after her stay, her divorce status, lack of dependent children, and insufficient ties to her home country. Additionally, the purpose of her visit—to see her brother—was questioned, as it was deemed unreasonable given her socio-economic situation.

We decided to take her case to the Federal Court of Canada. We filed it on January 1, 2024, building a strong defense around her eight years of employment, ownership of an apartment in Iran, the fact that her family remained in her hometown, and her secured leave of absence from her employer for the visit. These factors demonstrated her strong ties to her home country.

We submitted her Memorandum of Argument, and on April 17, 2024, she received a settlement offer from IRCC.

So, her case was returned for re-determination by another immigration officer.

She also updated the requested documents on May 20, and the wait began again…

After our persistent efforts and Rouya’s renewed hope, her visitor visa was granted on June 7, 2024. She was finally able to prepare to see her beloved brother in Toronto.

Forcing IRCC to Reunite a Family: A Story of Long-Distance Love

Visa Type: Study Permit
Date of Refusal: December 20 and 21, 2021
Refusal Reasons:
Insufficient family ties outside Canada
Unclear purpose of the visit
Filed in Federal Court
Result: Settlement
Date of Settlement: June 3, 2022
Approval after Settlement
Date of Approval: May 2024

Pania was screaming— not out of anger, but out of joy. “I can’t believe it… finally! I can’t believe it!” It was as if the world had given her all she ever wanted: Visa Approval!
It wasn’t just the desire to immigrate to Canada; she had another motivation: her husband.

They’d drifted apart since her husband had relocated to Canada, and she hoped to reunite with him along with their 3-year-old daughter, who was supposed to accompany her.

Pania applied for a study permit on December 9, 2021, with her daughter accompanying her on a visitor visa.

But a month later, their applications were denied on December 20 and 21, citing insufficient family ties outside Canada and an unclear purpose for the visit.

Still, she was not ready to give up that easily. So, with our consultation, she appealed the decision in the Federal Court of Canada and pursued a Judicial Review.

On June 3, 2022, she received an offer of settlement from IRCC. She thought from this moment forward, everything would be easy. But fate had other plans for her and her daughter…

They didn’t think this would happen, but it was real: On November 17, 2022, her daughter received her visitor visa while Pania herself still hadn’t received any response from IRCC.

After nearly a year of waiting, we knew we should do something to push IRCC. We suggested she initiate a mandamus request. So, we sent a demand letter to IRCC on October 11, 2023. Still, no response…

So, we escalated the matter by filing for mandamus on November 21, 2023.

Finally, after a long and exhausting wait, her persistence paid off, and she was granted her study permit in May 2024.

Now, she can move to Canada with her daughter to reunite with her husband and start their new life together.

From Iran to Canada: A Family’s Struggle for Reunion

Visa Type: Work Permit
Date of Refusal: October 26, 2023
Refusal Reasons:
– Lack of significant family ties outside Canada
– Purpose of the visit
– Doubts about the intention to leave Canada after the authorized stay
Date of Filing in Federal Court: December 26, 2023
Result: Approval
Date of Approval: October 7, 2024

Reza’s wife had been a student in Canada since January 17, 2023. Separated due to his wife’s immigration status, Reza was living with their son back in Iran.

So, Reza applied for an open work permit to join his wife and a study permit for his son to accompany him to Canada.

Reza received a visa refusal letter on October 26, 2023. The officer cited concerns about his lack of significant family ties outside Canada, doubts regarding the purpose of his visit, and skepticism about his intent to leave Canada after the authorized stay.

Reza sought our help, and we carefully reviewed his application and case notes.

A few days later, her phone rang, and after a heartfelt conversation, her brother convinced her to seek legal help. Determined, she searched for a lawyer and chose us.

After reviewing Reza’s case, we decided to file an application for leave in the Federal Court of Canada on December 26, 2023.

We prepared a strong Memorandum of Argument for Reza, and in building his defense, we highlighted his strong ties to Iran.

His parents remained in Iran, and Reza had significant responsibilities toward his family’s business and assets. He had worked in his family’s company for 16 years, holding a managerial role. These factors, combined with his commitment to his family and professional obligations, demonstrated that his intent was aligned with a temporary stay.

On March 12, 2024, we submitted his Memorandum of Arguments.

The 7th of October was a happy day for Reza, who finally received his open work permit.

How Much Does It Cost to Appeal a Canada Visa Refusal?

Ordering GCMS notes: $5.00
Filing an application for leave and judicial review: $50.00
Application for extension of time to commence a proceeding (if applicable): $20.00
Requisition for hearing: $50.00
Lawyer fees: vary based on your lawyer and your case, but are usually between $2,000 and $3,000.

Applying to the Canadian Federal Court can be somewhat expensive, but it enables you to defend complicated cases.

Appeal a Canada Visa Refusal: Pros and Cons

Advantages

Unlike a reconsideration request, which may not be processed, a judicial review ensures that your case will be heard by a judge in a court of law.

You’ll have a lawyer to represent you, providing expert legal advice and ensuring your case is handled professionally. The case will be examined legally. There will be no place for the personal opinions of the immigration officer, and the focus will be on legal issues.

The court acts independently and impartially towards both you and the IRCC, ensuring an unbiased assessment of your case.

A successful judicial review significantly increases your chances of obtaining a visa.

A successful outcome or a settlement before a hearing can clear your rejection record, allowing for a fresh assessment of your application.

Disadvantages

Judicial review is a bit more expensive than other alternatives due to court fees and lawyer expenses.

The court process can be lengthy, potentially delaying your travel plans.

The court process is complex and requires legal expertise. It’s not something you can handle alone.

While a successful judicial review increases your chances of approval, it doesn’t guarantee a visa.

Court cases are public records, which means your case details may become accessible to the public.

We Can Help You Succeed!

With over 13 years of dedicated experience in Canadian immigration, our expertise extends deeply into federal court appeals for visa refusals. We know how discouraging a visa rejection can be—but we’re here to provide the guidance and legal insight needed to strengthen your appeal. From realistic consultations to tailored support, we aim to improve your chances of a successful outcome.

Start Your Journey to Success Now!

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FAQ

Can you appeal a visitor visa refusal Canada?

Yes, you can file for a judicial review in the Federal Court of Canada to appeal a visitor visa refusal decision.

How to appeal visa refusal Canada?

To appeal a Canada visa refusal, you can request reconsideration from IRCC or submit an application for a judicial review.

What is a Memorandum of Argument in the Federal Court of Canada?

A Memorandum of Argument is a legal document that outlines the facts and legal arguments supporting an applicant’s request for leave to be granted in a legal proceeding.

How to appeal visitor visa refusal Canada?

According to IRCC’s website, there is no formal process to appeal visitor visa refusal Canada. But you can take your appeal to the Federal Court of Canada.

What is a Notice of Application or Notice of Appeal?

A notice of application or notice of appeal is to inform IRCC that you have commenced a proceeding against them to challenge their decision.

Do I get a refund if my visa is refused in Canada?

No. Government processing fees will not be refunded. However, in some cases, refunds might be possible as in situations involving errors in processing.

What is the Federal Court’s address?

Although there are different Registry offices across Canada in major cities, the central mailing address of the Federal Court of Canada in Ottawa is as below:

Federal Court
Ottawa, Ontario K1A 0H9
Telephone: (613) 992-4238
TDD: (613) 995-4640
Fax (non-immigration): (613) 952-3653
Fax (immigration): (613) 947-2141

How can I obtain a copy of a judge’s speech?

You can visit the page of Speeches on the Federal Court website. Some of the speeches made by judges in the Federal Court of Canada are available there.

Do I need a lawyer to file documents in the Federal Court?

No. You can also do it by yourself. But it’s a complicated process and requires legal knowledge. So, it is recommended that you use the experience and expertise of a lawyer to proceed. Otherwise, you may not succeed and end up spending money on legal fees.

Can I appeal a decision on a work permit application?

You always have the option to file an appeal in the Federal Court of Canada. You can also request reconsideration to IRCC, but it’s an informal process and IRCC is not legally forced to answer your request.

How long does it take to get a visa after a successful appeal?

No one actually knows. It can take a few weeks or even more. Our experience shows somewhere between 3 to 4 months is the ideal time. But keep in mind that the timeline depends on the specific case and the processing times.

Can I appeal a Canada visitor visa refusal?

Yes.

You can appeal your Canada visitor visa refusal to the Federal Court of Canada.
You can also request the immigration officer to reconsider your application.

Can I appeal an IRCC decision?

Yes. You can appeal in the Federal Court of Canada and ask for judicial review, or you can submit a reconsideration request which is an informal appeal.

Need help with your Canadian immigration journey?

Visa Mondial is a leading immigration law firm with over 12 years of experience helping people move to Canada. Backed by a dedicated team of more than 200 professionals, we make the immigration process easier for you. Since our founding, we’ve successfully completed over 10,000 immigration cases, making Visa Mondial one of the most trusted immigration firms in the country.