Receiving a refusal from Immigration, Refugees and Citizenship Canada (IRCC) can feel devastating—but a denial is not always the end of the road. At Lawgical Law Corporation, our legal team understands the anxiety and uncertainty that follows an immigration refusal. With experience advocating before both the Immigration and Refugee Board (IRB) and the Federal Court of Canada, we offer clear, practical strategies for moving forward—whether through appeal or judicial review.
Below, we outline key pathways for appealing immigration decisions in Canada.
What Types of Immigration Refusals Can Be Appealed?
Depending on the nature of your application and where the decision was made, your options may include:
- Visitor Visa Refusal
- Student Visa Refusal
- Work Permit Refusal
- Spousal Sponsorship Refusal
- Inadmissibility Decisions (criminal, medical, or misrepresentation)
- Humanitarian and Compassionate Refusals
- Refugee Claim Rejections
- Decisions from the Immigration Division (ID) or Immigration Appeal Division (IAD)
Each pathway involves its own process and legal standard. Some are eligible for appeal to the IRB, while others may only be challenged through judicial review at the Federal Court of Canada.
Judicial Review: Challenging an IRCC Refusal in Federal Court
If your immigration application—such as a visitor visa, study permit, or work permit—was refused outside of Canada, the decision often cannot be appealed to the IRB. Instead, your legal remedy is a judicial review in the Federal Court.
To proceed, you must first:
- File a Notice of Application within 15 days (if the refusal happened inside Canada) or 60 days (if outside Canada).
- Request the GCMS notes or Officer’s written reasons to understand the basis of the refusal.
- Prepare legal submissions demonstrating the officer made an error in law or breached procedural fairness.
Federal Court does not allow new evidence. The decision is based on the existing record and whether IRCC acted lawfully. If successful, the Court can send the matter back for redetermination by a different officer.
Spousal Sponsorship Refusals: Appeal vs. Judicial Review
Overseas spousal sponsorships can be appealed to the Immigration Appeal Division (IAD). This is a distinct advantage, as the IAD allows:
- The introduction of new evidence
- Oral hearings to assess the genuineness of the relationship
However, inland sponsorship refusals must be challenged through judicial review—new evidence is not allowed, and the legal focus is on whether the decision-maker made a reviewable error.
Our firm carefully reviews the circumstances of each refusal to determine which legal path will provide the best chance of success.
Appealing a Refugee Claim Refusal
If your refugee claim is denied by the Refugee Protection Division (RPD), you may appeal to the Refugee Appeal Division (RAD)—provided you meet the eligibility requirements.
Key timelines include:
- 15 days to file a Notice of Appeal
- 30 days to submit the Appeal Record, which includes new evidence, an affidavit (if applicable), and legal submissions
The RAD may:
- Allow the appeal and grant refugee protection
- Order a new hearing before a different RPD member
- Dismiss the appeal (which can then be judicially reviewed in Federal Court)
While the appeal is ongoing, refugee claimants typically benefit from a stay of removal, meaning they cannot be deported until a final decision is made.
How Long Does an Immigration Appeal Take?
Timelines vary significantly depending on the forum:
- Federal Court: 6–12 months from filing to decision
- IAD (Spousal Sponsorship or Residency Appeals): 6–18 months, with potential for Alternative Dispute Resolution (ADR) settlement
- RAD (Refugee Appeals): 3–18 months, depending on complexity
Delays are often due to caseload volumes and procedural steps. However, the right legal strategy can help expedite resolution or identify opportunities for early settlement.
Do You Need a Lawyer for an Immigration Appeal?
While some applicants attempt to represent themselves, immigration appeals and judicial reviews involve nuanced legal arguments, strict deadlines, and procedural risks. At Lawgical Law Corporation, we:
- Analyze refusal reasons and identify legal grounds for appeal
- Handle all court filings, submissions, and scheduling
- Represent clients in oral hearings or written proceedings
- Offer ongoing risk assessment and candid legal advice
With real courtroom experience, our immigration team—including Sundeep S. Grewal, Prabhpreet Kaur Sangha, and Pardeep S. Grewal—stands ready to advocate for you with precision and care.