Appeals & Refusals in Canadian Immigration
Updated September 2026. A refusal, removal order, residency determination or adverse immigration decision should be reviewed against the complete record, the reasons given and the remedy that is legally available. The correct route may be an appeal, reconsideration, a new application, or Federal Court proceedings handled through FDI’s in-house lawyer.
Have a refusal or appeal decision to review?
Keep the complete decision, reasons and the date you received them. Tell our office about any approaching deadline so we can assess the available route and the records needed for a consultation.
Contact Counsel Harjeet Arora, RCIC-IRB: call 647-909-7777 · message on WhatsApp · request a consultation.
Consultations are available at our Mississauga office, by video or by phone. Regular consultations are $200 per hour. For a non-urgent question, send an inquiry.
Appeals, Refusals & Review Services
Select the type of matter below for detailed information.
Immigration Appeal Division (IAD)
- Immigration Appeal Division (IAD): overview of IAD jurisdiction, procedure, evidence, ADR and hearings.
- Sponsorship Refusal Appeals: family-class sponsorship refusals and IAD appeal preparation.
- Residency Obligation Appeals: permanent-resident residency determinations and humanitarian considerations.
- Removal Order Appeals: appeal rights, restrictions, stays and humanitarian relief.
- Minister’s Appeals: responding when the Minister challenges an Immigration Division decision.
Refugee Appeals
- Refugee Appeal Division (RAD): refugee appeal eligibility, filing, appellant records, evidence and outcomes.
For the complete refugee-protection pathway, see our Refugee Protection section.
Application Refusals & Procedural Fairness
- Temporary Residence Refusals: visitor visa, study permit and work permit refusals.
- Permanent Residence Refusals: eligibility, admissibility and decision-review issues.
- Procedural Fairness Letters: responding before an adverse decision is made.
- Misrepresentation Findings: material facts, procedural fairness and IRPA s.40 consequences.
- Reconsideration Requests: requesting that a decision-maker reopen or reconsider a decision.
Federal Court Judicial Review & Mandamus
- Federal Court Judicial Review: urgent assessment, record review and Federal Court proceedings handled through FDI’s in-house lawyer, integrated with the immigration or refugee strategy.
- Federal Court Mandamus: assessment of unreasonable immigration processing delay and, where appropriate, mandamus proceedings handled through FDI’s in-house lawyer.
Which appeal page should you use?
Start with the decision being challenged. A refugee refusal may lead to a RAD appeal where eligible. A removal order may involve an IAD removal order appeal where a statutory right exists. Sponsorship and residency decisions have their own routes. An application refusal should not be treated as automatically carrying an appeal right.
Deadlines can determine the available remedy
Appeal and court deadlines can be short. IAD sponsorship and removal-order appeals generally require filing within 30 days, while an overseas residency-obligation appeal generally has a 60-day filing period. For an eligible RAD appeal, the Notice of Appeal is generally due within 15 days after receipt of the RPD written reasons and the appellant’s record within 45 days. Always confirm the deadline that applies to the particular decision and protect it even if another remedy, such as reconsideration, is also being pursued.
Review the decision before choosing the remedy
IRCC provides officer decision notes with refusal letters for most temporary resident applications and, since May 26, 2026, most permanent residence applications, subject to exclusions. The refusal letter, decision notes, complete application record, governing legislation and procedural history should be reviewed together before deciding whether to reapply, seek reconsideration, appeal or pursue judicial review.
Preserve the complete record
Keep the decision or refusal letter, officer notes, application forms, supporting documents, submissions, correspondence and proof of when the decision was received. A reconsideration request should not be assumed to suspend an appeal, removal or court deadline.
Official resources
This page provides general legal information, not advice for an individual case. Appeal rights, jurisdiction, exclusions and deadlines depend on the particular decision and can change. Confirm the requirements that apply to your matter.
Immigration criteria, document requirements and public policies can change. Advice should be based on the rules and facts applicable when you apply.