Published
Prabhpreet Kaur Sangha is a lawyer at Lawgical Law Corporation, called to the BC bar in 2019, and a member of the Law Society of British Columbia.
Updated November 14, 2026: IRCC’s family violence TRP instructions (modified April 4, 2025), Ministerial Instructions MI82 and IRPA s. 72 checked that day.
The fix: a new application that answers the reasons, a request for a regular TRP, or judicial review in the Federal Court.
The deadline: 15 days from the refusal to apply to the Federal Court if you are in Canada.
Why a lawyer: only a lawyer can take the refusal to the Federal Court, and a new application has to fix what the officer said was missing. Why a lawyer
Safety first. In danger now? Call 9-1-1. VictimLinkBC, 24/7 in many languages: 1-800-563-0808 (call or text). Shelters near you: sheltersafe.ca. IRCC Client Support Centre: 1-888-242-2100 (choose the option for victims of abuse).
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Our immigration lawyers
Sundeep S. GrewalBarrister and Solicitor
Prabhpreet Kaur SanghaBarrister and Solicitor
Pardeep S. GrewalBarrister and SolicitorAbout our lawyers
Sundeep S. Grewal founded Lawgical Law Corporation and argues immigration cases at the Immigration and Refugee Board and the Federal Court of Canada.
Prabhpreet Kaur Sangha focuses on refugee claims, immigration appeals, inadmissibility, detention reviews and Federal Court cases, and has presented at Continuing Legal Education seminars and the National Immigration Conference.
Pardeep S. Grewal is an immigration and estates lawyer known for clear communication and practical strategy.
A refused family violence TRP doesn’t end your options. The refusal letter usually gives specific reasons, and most of them can be answered with better evidence or a clearer submission. Depending on your situation, the next step is a new TRP application, a request to have it considered as a regular TRP, a humanitarian and compassionate application, or a judicial review in the Federal Court within 15 days.
Lawgical Law Corporation, an immigration law firm in Surrey, Abbotsford and Vancouver, BC, prepares family violence TRP and H&C applications and challenges refusals in the Federal Court; this guide is by Prabhpreet Kaur Sangha.
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What the refusal letter says
Family violence TRP refusals tend to use wording like this:
- “I am not satisfied that there are reasonable grounds to believe that the applicant is experiencing abuse from their spouse.”
- “I find there to be insufficient evidence of abuse” or “a lack of submissions affirming the allegations”.
- Messages “not in English or French” with “no accompanying translations”.
- Abuse by parents or other relatives “is not relevant in assessing eligibility”.
- “Her presence in Canada is not necessary while she awaits the outcome” of an H&C, or “little indication that she remains under his influence”.
- Ties that “can be maintained virtually”.
What each reason means, and the fix
| Reason | What it means | The fix |
|---|---|---|
| Insufficient evidence of abuse | The officer didn’t have your own account, or the documents didn’t show abuse on their face | A detailed, dated statement explaining each piece of evidence, plus letters from people you told |
| Untranslated messages | Evidence was given little or no weight | Certified translations of everything |
| Abuse by parents or in-laws | MI82 covers abuse by a spouse or common-law partner | Focus the TRP on the partner’s abuse; put other abuse in the H&C |
| Presence in Canada not necessary | The officer saw no reason you need to be here | Show family court matters, safety planning, counselling, children, the H&C and the MI82 factors |
| No longer under his influence | The officer thinks the danger has passed | Evidence of ongoing contact, threats, shared children, or control through family |
| Still in status | The TRP is for people out of status | Extend your status, or explain why an extension can’t protect you |
Your options after a refused family violence TRP
- Ask for a regular TRP. IRCC lets a refused family violence TRP be considered as a regular TRP. A fee applies, and there is no set processing time.
- Apply again. There is no bar on a new application. It should answer every reason.
- Judicial review. If the officer ignored evidence or misread the rules, a lawyer can apply to the Federal Court within 15 days (60 days if you are outside Canada) under section 72 of the Act.
- H&C. If you haven’t filed one, do. If you have, the TRP refusal doesn’t decide it, and the H&C officer must weigh the abuse (Kang, 2025 FC 473, a case I argued).
If CBSA gets involved
A pending H&C doesn’t stop removal on its own. If CBSA sets a removal date, a deferral request and a Federal Court stay motion may be needed: see removal while an H&C is pending.
Why a refused family violence TRP needs a lawyer
One lawyer, one file, every step:
- reading the refusal reasons against MI82 and your file;
- deciding between a new application, a regular TRP and judicial review;
- a judicial review filed within 15 days;
- the H&C that carries you to permanent residence.
The 15-day court deadline runs from the refusal, not from when you find a lawyer.
Immigration lawyers are members of a provincial law society (in our case, the Law Society of British Columbia), and only a lawyer can represent you in the Federal Court if a refusal has to be challenged there. An immigration consultant cannot appear in that court for you.
Mistakes I have seen
- Reapplying with the same evidence and a longer letter.
- Missing the 15-day Federal Court deadline while deciding what to do.
- Treating the TRP refusal as the end of the H&C. They are separate decisions.
- Not explaining why you need to stay in Canada, even though the abuse was accepted.
- Leaving old contact details on file, so the interview call never reaches you.
Frequently asked questions
Can I appeal a family violence TRP refusal?
There’s no appeal, but you can ask the Federal Court for judicial review within 15 days, apply again, or ask for a regular TRP.
Can I apply again?
Yes. A new application should answer each reason in the refusal.
Does the refusal affect my H&C?
It’s a separate decision. The H&C officer must assess the abuse on the H&C record.
Why didn’t abuse by my parents count?
The family violence TRP is for abuse by a spouse or common-law partner. Other abuse can be raised in an H&C.
Will I be removed now?
Not automatically. If CBSA contacts you, get advice quickly: a deferral or stay may be possible.
What should I do right now?
Find the date on the refusal letter and count 15 days. Gather the refusal reasons and everything you sent, so a lawyer can compare them.
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Sources (official)
- IRCC: Temporary resident permit (TRP) for victims of family violence (program delivery instructions) (modified April 4, 2025)
- Ministerial Instructions (MI82) under IRPA s. 24(3) concerning foreign nationals who are victims of family violence (modified February 4, 2025)
- IRCC: Immigration options for victims of family violence (modified March 12, 2026)
- Immigration and Refugee Protection Act, s. 72
- Immigration and Refugee Protection Act, s. 24 (temporary resident permits)
- Federal Court: Kang v. Canada (Citizenship and Immigration), 2025 FC 473 (March 13, 2025)
This article is general information, not legal advice. Every case depends on its own facts.