IRCC refused your application by mistake: the wrong stream, the wrong file, and how to fix it

By Pardeep S. Grewal, lawyer at Lawgical Law Corporation · Reviewed November 10, 2026

Published November 11, 2026

Pardeep S. Grewal is a lawyer at Lawgical Law Corporation, called to the BC bar in 2024, and a member of the Law Society of British Columbia.

Updated November 10, 2026: section 72 of the Act and IRCC’s instructions on reconsideration after refusal (modified August 29, 2023) checked that day.

If IRCC refused your application for reasons that clearly do not fit your file, such as assessing you under the wrong program, quoting a job, a family member or a document that is not yours, or ignoring something you plainly submitted, you can ask IRCC to reconsider. IRCC’s own instructions say an officer “must consider the request and decide whether to exercise their discretion”. But reconsideration is discretionary, IRCC treats it as reserved for exceptional cases, and asking does not pause the Federal Court deadline. The safe approach is to do both: send a focused request with proof, and be ready to file for judicial review within 15 days (or 60 from outside Canada).

Lawgical Law Corporation, an immigration law firm in Surrey, Abbotsford and Vancouver, BC, asks IRCC to correct refusals made in error and takes them to the Federal Court; this guide is by Pardeep S. Grewal.

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How do I know it was a mistake?

• The refusal cites a program, stream or requirement you did not apply under.
• The officer’s notes mention a name, job, education or family member that is not yours.
• The refusal says a document is missing that you can show you uploaded.
• The reasons contradict the facts in your application in a way you can prove.

The officer’s notes usually show what happened. They now often come with the refusal, and otherwise you can get them through an access to information request.

Why this needs a lawyer

One lawyer, one file, every step:

• getting the officer’s notes and pinpointing the error;
• a short, documented reconsideration request;
• judicial review within the deadline, in parallel, so the court route is not lost;
• dealing with your status while it is fixed.

Immigration lawyers are members of a provincial law society (in our case, the Law Society of British Columbia), and only lawyers can appear for you in the Federal Court.

What does IRCC say about reconsideration?

IRCC’s instructions on reconsideration after refusal say:

• the officer “must consider the request and decide whether to exercise their discretion to reconsider”;
• reconsideration “should only be done, where warranted, in exceptional cases”;
• “dissatisfaction or disagreement with the decision does not by itself qualify”;
• “The onus is on the applicant to satisfy the officer that reconsideration is warranted.”

An application assessed under the wrong program, or refused using someone else’s information, is the kind of clear error that request is for.

What are my options?

1. Judicial review in the Federal Court within 15 days (60 from outside Canada). A decision based on the wrong file or the wrong rules is usually unreasonable, and filing protects your position.
2. A new application, if timing and status allow and that is faster in your case.
3. Ask IRCC to reconsider through the webform or your representative, with a one-page explanation and the proof. Do this right away, alongside the steps above, not instead of them.

A mistaken refusal at a glance

Worked example: the wrong stream

Example. A worker in Surrey applied for an open work permit as the spouse of a skilled worker. On Monday, November 16, 2026, IRCC refuses it, saying she did not provide an LMIA, which her stream does not require. That day her lawyer sends a reconsideration request pointing to the stream she applied under, with the application confirmation. Because no reply comes within the week, the lawyer also files for judicial review before the 15 days run out.

Mistakes I have seen

• I have seen applicants send three webforms and wait weeks, missing the court deadline.
• I have seen requests that re-argue the whole application instead of pointing to the one error.
• I have seen applicants stop working or studying too late because they assumed the mistake would be fixed quickly.

Frequently asked questions

Will IRCC reply to a reconsideration request?

Not always, and there is no set timeline. That is why the court deadline has to be protected separately.

What happens to my status after a mistaken refusal?

The refusal still takes effect until it is reversed. If your status depended on the application, get advice right away about restoration or other steps.

Can I get my fee back?

Not usually. If IRCC reopens and approves the application, no new fee is needed.

Related guides

See our guides on what happens when judicial review is granted, restoration and being out of status, what each IRCC letter means and a visa or permit cancelled by IRCC.

What should I do right now?

Write down the date of the refusal and count 15 days (60 from outside Canada). Find the proof of what you actually applied for and submitted. Send the request and get advice on judicial review in the same week.

Book a consultation with our immigration lawyers in Surrey, Abbotsford or Vancouver, or online from anywhere.

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Sources (official)

• IRCC: Reconsideration after refusal (modified August 29, 2023)
• Immigration and Refugee Protection Act, s. 72 (current to October 19, 2026)

This article is general information, not legal advice. Every case depends on its own facts.