What to Do After a Canada Immigration Refusal – IRCC Rejection Guide
Canada PR or Visa Denied? Know Your Options After IRCC Refusal
Why Was Your Application Refused?
Common reasons for refusals include:
- Incomplete applications or missing documents
- Failure to meet eligibility or admissibility criteria
- Concerns about intent to leave Canada (for temporary applications)
- Misrepresentation
- Criminal or medical inadmissibility
Step 1: Request Your GCMS Notes
The Global Case Management System (GCMS) is an internal tracking and decision-making system used by IRCC and the Canada Border Services Agency (CBSA). Through a GCMS note, you can gain in-depth insights into your application, including the officer’s comments, application progress, and specific reasons for refusal.
What GCMS Notes Include:
- Application history and processing status
- Officer’s internal notes and remarks
- Submitted documents and third-party input
- Specific grounds for refusal
How to Request GCMS Notes:
- Submit an Access to Information and Privacy (ATIP) request
- Pay a $5 CAD processing fee
- Applicants outside Canada must use a Canadian representative and submit IMM 5744 (Consent Form)
Note: Your application must have passed the R10 completeness check to be eligible for GCMS notes. Expect a wait time of several weeks for processing.
Step 2: File a Reconsideration Request
When Should You Consider This Option?
- You met all eligibility and admissibility requirements
- Your application was complete and supported by valid documents
- You suspect an officer misunderstood facts or overlooked key evidence
What to Include in Your Reconsideration Package:
- GCMS notes (for context)
- A copy of your original application
- The official refusal letter
- A well-structured Reconsideration Letter, including:
- Identification of specific errors or misinterpretations
- Additional clarifications or updated documents
- References to immigration policies or legal precedents (if applicable)
Tip: There’s no fee for filing an RR, but submitting it within 30 days of receiving the refusal strengthens its impact. You can submit it via the IRCC web form or email, depending on your case.
Step 3: File an Appeal (If Eligible)
You Can Appeal If:
- A family sponsorship application was denied
- A removal order was issued against you
- IRCC determined that you did not meet your PR residency obligations
For other types of refusals (e.g., study permits, work permits), you must explore different legal remedies such as a judicial review.
Grounds for Appeal:
- Mistakes in fact or law
- Violation of procedural fairness or natural justice
- Compassionate or humanitarian grounds
Appeal Deadlines and Documentation:
| Reason for Appeal | Who Can Appeal? | Deadline | Required Documents |
|---|---|---|---|
| Sponsorship Application Refusal | Canadian citizens or PRs who sponsored a relative | Within 30 days of refusal | Completed Notice of Appeal form + Copy of refusal letter |
| Removal Order | PRs, individuals with a PR visa, or protected persons | Within 30 days of order | Completed Notice of Appeal form + Copy of the removal order |
| Residency Obligation Refusal | PRs who applied for a travel document from abroad | Within 60 days of refusal | Completed Notice of Appeal form (one per affected family member) + Copy of the decision letter from IRCC overseas |
Exceptions: You cannot appeal if the refusal was due to serious criminality, security concerns, organized crime, or human rights violations.
Step 4: Apply for Judicial Review
If you’re not eligible for an appeal, you may challenge the decision in Federal Court through a Judicial Review. This legal process questions whether the immigration officer acted within the bounds of reasonableness and the law.
Judicial Review is a Two-Step Process:
1. Leave Application
- File within 15 days (for decisions made outside Canada) or 60 days (inside Canada)
- Submit an applicant’s record with your legal arguments, relevant case law, and evidence
- If approved, you’ll move forward to the hearing
2. Judicial Review Hearing
- Takes place within 30–90 days after leave is granted
- Present your case before a judge
- The judge will decide whether IRCC’s decision should be quashed and returned for reassessment
Important: Judicial reviews are not about re-deciding your application but about identifying legal errors in how the original decision was made.
Costs: The filing fee is $50 CAD, but legal representation is highly recommended, which may involve additional expenses. The entire process can take several months to over a year.
Step 5: Submit a New Application
If you agree that the original refusal was justified or if an appeal or review isn’t the right approach for you, reapplying may be the most practical solution.
Why Reapplying Can Be Effective:
- You already know the process and requirements
- You can avoid previous mistakes
- You can address weaknesses with updated documents or stronger evidence
Tips Before Reapplying:
- Thoroughly review the GCMS notes to understand the exact reason for rejection
- Gather new documentation (e.g., improved financial proof, new travel history, or letters of explanation)
- Write a Letter of Explanation (LoE) to clarify past issues and provide context
- Apply as soon as the issues have been resolved to avoid policy or eligibility changes
Example: If your visitor visa was refused due to weak financial proof, you can reapply with updated bank statements, a stronger letter of support, and proof of ties to your home country.
Step 6: Get Professional Legal Help
Immigration law is intricate, and understanding legal jargon or procedural technicalities can be overwhelming. Hiring a licensed immigration lawyer or a Regulated Canadian Immigration Consultant (RCIC) can be highly beneficial.
How an Immigration Lawyer Can Help:
- Analyze your refused application
- Identify legal grounds for appeal or reconsideration
- Strengthen your new or resubmitted application
- Represent you in court or before the IAD
- Help you understand alternative immigration options
Final Thoughts
