Steps You Can Take After An IRCC Application Refusal
Receiving a refusal from Immigration, Refugees and Citizenship Canada (IRCC) can be discouraging—but it doesn’t have to mean the end of your immigration plans. Many applicants who face rejections go on to succeed in later attempts by taking the right steps. Whether you want to challenge the decision or improve your next application, knowing your options is essential. This blog outlines exactly what steps you can take after an IRCC application refusal.
Let’s dive in.
Identify The Reason Behind The Refusal
The first and one of the crucial steps you can take after an IRCC application refusal is to identify the reason behind the refusal.
IRCC’s refusal letters sometimes offer only general explanations that make it difficult to pinpoint the problem. Refusals may occur due to missing documents, failure to meet eligibility requirements, inadmissibility issues, or errors in judgment by the processing officer.
Before taking further action, it’s important to determine whether the refusal was due to a legitimate assessment or a misunderstanding. The best way to gain a full understanding of your case is by requesting your Global Case Management System (GCMS) notes.
Request A Global Case Management System (GCMS) Note For Detailed Feedback
GCMS is IRCC and CBSA’s internal database that tracks all immigration and visa applications. When you request a GCMS note, you gain access to a detailed record of your file, including:
- Application details such as application type, date it was received and opened, and processing status
- Any notes the immigration officer made while reviewing your file
- Correspondence to and from IRCC
- Information submitted by a third-party representative
- Relevant documentation
- Explanations about the specific reason(s) your application was refused
To obtain a GCMS note, you’ll need to submit an Access to Information and Privacy (ATIP) request and pay a $5 processing fee. Only individuals living in Canada—citizens, PRs, or residents—can apply. If you’re outside Canada, you must appoint a representative within Canada using form IMM 5744.
Typically, IRCC responds to these requests within 30 days, but delays are common. Also, your application must have passed the R10 completeness check to be eligible for a GCMS note.
Submit A Reconsideration Request (RR)
If you believe the refusal was due to a misunderstanding, technical error, or oversight, you can submit a Reconsideration Request (RR). This is an informal request for IRCC to review its decision without initiating legal action or a formal appeal.
You should only pursue an RR if the following apply:
- You met all eligibility and admissibility criteria
- Your documentation was complete and accurate
- There was no misrepresentation or omission
- You believe the refusal was based on a clear error
When submitting your RR package, include the following:
- A copy of your GCMS notes
- The full original application
- The official refusal letter
- A well-drafted RR letter outlining why the decision was incorrect
Your RR letter should be polite, professional, and factual. Clearly explain why the refusal was unjustified and back up your claims with evidence. You may also attach any new documents to reinforce your position.
RRs can be submitted via IRCC’s web form or by email if an address is provided in your refusal letter. While there’s no formal deadline, submitting within 30 days is recommended for better chances of success.
Appeal The Decision (If You Qualify)
Another one of the steps you can take after an IRCC application refusal is to file a notice of appeal. In specific circumstances, IRCC decisions can be appealed to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board (IRB). However, not all application refusals are appealable.
Appeals are only allowed for:
- Sponsorship refusals for family members
- Removal orders
- Permanent residency obligation decisions
If your situation doesn’t fall into one of these categories—such as a visitor visa or work permit denial—appeals are not an option. In those cases, judicial review or reapplying may be more appropriate.
Appealing is suitable if the decision involved:
- Errors in fact or law
- Violations of procedural fairness
- Strong humanitarian and compassionate considerations
Deadlines And Documentation For Filing Appeals
| Reason for appeal | Who can appeal? | Deadline to file an appeal | Necessary documentation |
| Sponsorship refusal | Canadian permanent residents and Canadian citizens who made an application to sponsor a family member. | 30 days from the date the refusal letter was received. | A completed Notice of Appeal form. A copy of the refusal letter sent to your family member. |
| Removal order | Canadian permanent residents, foreign nationals with a PR visa, and convention refugees or protected persons. | 30 days from the date the removal order was received. | A completed Notice of Appeal form. A copy of the removal order. |
| Residency obligations | Permanent residents that applied to a Canadian visa office for a travel document while they were overseas. | 60 days from the day the refusal letter was received. | A completed Notice of Appeal form for each person in your family affected by the decision. A copy of the decision letter received from an overseas visa office. |
Note: Some grounds for refusal—like criminality, organized crime, or human rights violations—are not eligible for appeal.
If your case proceeds to a hearing, you’ll be able to submit documents, present witnesses, and argue your case. A successful appeal may result in:
- Sponsorship approval
- Cancellation of a removal order
- Preservation of permanent residency
Apply For Judicial Review In Federal Court
When appeals are not an option, you can ask the Federal Court of Canada to review IRCC’s decision through a process called judicial review. This legal route evaluates whether IRCC’s refusal was made fairly and according to the law.
Judicial review happens in two main steps:
Step 1: Apply For Leave To Proceed
You must first seek the court’s permission (leave) to move forward with the judicial review. The deadlines are:
- 15 days from refusal (if the decision was made outside Canada)
- 60 days from refusal (if the decision was made inside Canada)
You’ll need to prepare and submit a legal argument, including your application record and references to relevant laws or cases. If leave is granted, your case proceeds to a formal hearing.
Step 2: Judicial Review Hearing
The hearing typically occurs within 1–3 months of leave being approved. You or your lawyer will present the case, pointing out errors in law, logic, or procedure.
A win doesn’t automatically mean your application will be approved—but IRCC must reassess it with a new officer, often leading to a fairer result.
Keep in mind: judicial reviews can be costly and time-consuming, often taking several months or longer.
Submit A New And Stronger Application
In many situations, reapplying is the most efficient way to move forward—especially if the refusal was valid and correctable.
Reapplying is a smart option if:
- You understand the reasons behind the previous refusal
- You’ve made material changes to improve your case
- You can submit stronger evidence or fix past errors
Before reapplying, review your GCMS notes to understand what went wrong. Then, make improvements in key areas:
- Increase proof of financial support
- Clarify your intent to return home (for temporary visas)
- Correct any inconsistencies or missing documents
- Include a comprehensive Letter of Explanation (LOE)
It’s best to act quickly, as processing rules and eligibility criteria may change.
Consult With A Qualified Immigration Lawyer
The last and one of the most significant steps you can take after an IRCC application refusal is to consult with a qualified immigration lawyer. If your case is complicated or involves legal errors, seeking professional help from an immigration lawyer is highly advisable.
A lawyer can:
- Analyze your previous application and GCMS notes
- Suggest the best course of action (RR, appeal, judicial review, or reapply)
- Prepare strong legal arguments and documentation
- Guide you through complex steps like judicial review or hearings
While hiring legal counsel comes at a cost, it can make a substantial difference in improving your outcome—especially when dealing with procedural fairness or technical issues.
Conclusion
Getting a refusal from IRCC can feel like a major setback, but it doesn’t mean you’ve reached the end of the road. Whether you choose to request reconsideration, file an appeal, pursue judicial review, or submit a new application, what matters most is how you respond.
Act promptly, gather all relevant documents (especially GCMS notes), and consider seeking professional advice if needed. With the right strategy and persistence, many applicants go on to achieve successful outcomes after a refusal.
If you seek information on how to begin your Canada immigration application process, you can talk to our NavaImmigration experts at 1800-918-8490, or you can drop us an email at [email protected].
