Refusals, appeals and judicial review · Canada
Immigration refusal and appeal lawyers in Abbotsford, Surrey and Vancouver
A refusal is not always the end. Depending on the decision, you may be able to appeal, seek judicial review in the Federal Court, or reapply with a stronger case. The deadlines are short, so act quickly.
- Immigration Appeal Division appeals
- Federal Court judicial review
- Refused study, work and visitor applications
Book a refusal review
Tell us a little about your situation and we'll be in touch to arrange a time.
Deadlines can be as short as 15 days. Use the calculator below, then contact us right away.
Refusal deadline calculator
Pick your route and the date you received the decision.
Estimated last day to file
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Application for leave and judicial review: 15 days.
An estimate only. Exact rules on when the clock starts can vary. Contact a lawyer immediately rather than waiting until the last day.
In a judicial review, the Federal Court does not decide your application again. It decides whether the officer’s decision was reasonable and procedurally fair.
- You first need the Court’s permission (leave) to proceed
- The application for leave is due within 15 days for decisions made in Canada and 60 days for decisions made outside Canada
- If successful, the decision is usually sent back to be decided again
A judicial review does not automatically stop a removal. Ask us about a stay if you face removal.
If you sponsored a family member from outside Canada and the application was refused, you can usually appeal.
- The notice of appeal must reach the IAD within 30 days of receiving the refusal
- In many cases the IAD can also consider humanitarian factors
- Refused inside-Canada spousal applications cannot be appealed to the IAD
Request the officer’s notes (GCMS notes) early to understand the real reasons for the refusal.
- Review the decisionWe review the refusal and the officer’s notes to find the real reasons.
- Choose the routeAppeal, judicial review or a new application: we recommend the strongest option.
- Build the recordWe prepare the evidence and legal arguments within the deadline.
- Hearing and outcomeWe represent you at the IAD, RAD or Federal Court.
Refusal and appeal questions
It depends on why you were refused. If the officer made a legal error or was unfair, an appeal or judicial review may be best. If your application was missing evidence, a stronger new application may be faster.
They are the officer’s internal notes on your file. They often explain the refusal in much more detail than the letter, and can be requested from IRCC.
A judicial review does not automatically stop a removal. If you are facing removal, you may need to ask the Court for a stay.
Judicial review: 15 days for decisions made in Canada, 60 days for decisions made outside Canada. Sponsorship appeals to the IAD: 30 days. Refugee appeals to the RAD: 15 days to file.
Every case is different. We give you an honest assessment before you commit to an appeal or judicial review.
Official sources: IRPA section 72IRB: Sponsorship appealsIRB: Filing a refugee appeal
Other immigration services
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Refusals, appeals and judicial review help in Abbotsford, Surrey and Vancouver
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Received a refusal?
Don’t wait. Book a review now so you don’t miss your deadline.