Published
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 12, 2026: IRCC’s visitor visa refusal guidance and the Federal Court decisions cited checked that day.
The reason: concerns about your immigration history, including a refusal by another country
The fix: explain the earlier refusal with documents and show why it doesn’t predict overstaying; judicial review if the officer treated it as decisive without reasons.
The deadline: 60 days from notice of the refusal if you’re outside Canada, 15 days if you’re in Canada (IRPA s. 72). Reconsideration doesn’t stop the clock.
Why a lawyer: only a lawyer can take this to the Federal Court, and the officer’s notes decide whether court or a new application is right. Why a lawyer
The lawyers who review these refusals
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.
Canada’s visa forms ask whether you’ve ever been refused a visa by any country, and you must answer honestly. Disclosing a US, UK or Schengen refusal is the right thing to do, but it doesn’t explain itself. Officers can consider your whole immigration history, and the Federal Court has upheld a refusal that relied on a past overstay and misrepresentation in another country. An earlier refusal by another country is different: it may have been for reasons that have nothing to do with overstaying. The fix is to explain it, with the refusal letter and context, and to show your ties now.
Lawgical Law Corporation, an immigration law firm in Surrey, Abbotsford and Vancouver, BC, reviews visitor visa refusals involving earlier refusals and takes them to the Federal Court; this guide is by Pardeep S. Grewal.
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Explaining an earlier refusal
- The other country’s refusal letter and its stated reason.
- What has changed since: job, family, finances, travel.
- Any later visas granted and used properly.
When history weighs heavily
A past overstay or misrepresentation is different from a simple refusal. In Ali v. Canada (Citizenship and Immigration), 2026 FC 64, a super visa refusal based on a past overstay and misrepresentation finding in the US was upheld.
Never leave it out
Failing to disclose a refusal can lead to a misrepresentation finding and a five-year bar. See not disclosing a previous refusal.
Why this needs a lawyer
One lawyer, one file, every step:
- getting the officer’s decision notes and reading them against what you filed;
- deciding whether the refusal belongs in court or in a better application;
- filing judicial review in the Federal Court within the deadline;
- if reapplying is better, building the new file around the officer’s exact concern.
The choice between court and reapplying is a legal judgment about whether the officer made a reviewable error. Getting it wrong costs either the court deadline or a second refusal on file.
Immigration lawyers are members of a provincial law society (in our case, the Law Society of British Columbia), and only a lawyer can take a refusal to the Federal Court. An immigration consultant cannot file or argue it there.
Mistakes I have seen
- Disclosing the refusal with no explanation.
- Assuming a US refusal means an automatic Canadian refusal.
- Leaving it off the form.
Frequently asked questions
Do I have to mention a UK refusal from years ago?
Yes, if the form asks about any refusal. Honesty matters more than the refusal itself.
Will Canada see the other country’s file?
Canada shares some information with other countries; assume the officer may know.
What should I do right now?
Find the other country’s refusal letter, note the date and reason, and request the Canadian officer’s notes.
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Sources (official)
- Immigration and Refugee Protection Regulations, s. 179
- Immigration and Refugee Protection Act, s. 72
- IRCC: officer’s decision notes
- IRCC: understanding your refusal letter
- Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65
- Ali v. Canada (Citizenship and Immigration), 2026 FC 64
This article is general information, not legal advice. Every case depends on its own facts.