Canada Visa
Refusal Assistance
Turn Your Refusal into Approval
If your Canada visa application has been refused, don't lose hope.
Our experts will review your refusal, identify the reasons and
prepare a strong re-application to maximize your chances of success.
Understanding a Canada Visa Refusal
A refusal should be reviewed carefully before submitting another application. The refusal letter and the information available in the application record can help identify the concerns raised by the immigration decision-maker. Simply submitting the same application again without addressing the underlying concerns may not resolve the problem.
Common Reasons Canada Visa Applications Are Refused
Canadian temporary-residence applications may be refused for different reasons. The following are common areas that applicants should review when assessing a refusal.
Purpose of Visit
The purpose of travel may not have been sufficiently explained or supported by the documents submitted with the application.
Financial Evidence
The financial information provided may not adequately demonstrate the applicant's ability to support the proposed stay and travel expenses.
Ties to Home Country
Employment, business, family, property or other circumstances may not have sufficiently demonstrated the applicant's reasons to return.
Supporting Documents
Missing, inconsistent, outdated or insufficient documentation can make it difficult for an officer to assess the application.
Travel or Immigration History
Previous refusals, overstays, immigration violations or other relevant history may require careful explanation and supporting evidence.
Overall Credibility
Differences between forms, documents, statements and other information may raise questions about the applicant's circumstances or purpose of travel.
What Should You Do After a Canada Visa Refusal?
Before deciding whether to reapply or explore another available option, applicants should first understand why the application was refused and determine whether the underlying concerns can be addressed.
Review the Refusal
Carefully review the refusal letter and identify the concerns or reasons recorded by the Canadian immigration authorities.
Identify the Weak Areas
Compare the refusal concerns with the documents, financial evidence, travel purpose and other information submitted previously.
Decide the Appropriate Option
Depending on the circumstances, the appropriate route may involve a stronger new application or consideration of another available legal option.
Prepare Carefully
Address the identified concerns with accurate, relevant and consistent information before taking the next step.
Options After a Canada Visa Refusal
Reapply
A new application may be appropriate when the applicant can address the concerns identified in the previous application and provide stronger or more relevant supporting information.
Request / Reconsideration
In limited circumstances, an applicant may consider whether a request for reconsideration is appropriate. This depends on the facts of the case and the nature of the decision.
Judicial Review
Some immigration decisions may potentially be challenged through judicial review. This is a legal process and eligibility should be assessed by a qualified Canadian immigration lawyer or other authorized legal professional.
Federal Court Judicial Review for Canada Visa Refusal
If you believe your Canada visa refusal involved an unreasonable decision, an error of law, or a serious procedural fairness issue, you may have the option to apply for judicial review before the Federal Court of Canada.
When Can Judicial Review Be Considered?
Judicial review may be considered where there are arguable legal or procedural problems with the decision. Examples may include:
- The decision may contain a legal error.
- The decision may be unreasonable based on the evidence and circumstances of the application.
- Important evidence may have been overlooked or misunderstood.
- The decision-making process may have involved a procedural fairness issue.
- The reasons for refusal may not adequately explain the decision in the circumstances.
The existence of a refusal does not automatically mean that judicial review will succeed. Each case must be assessed according to its specific facts, documents, refusal reasons and applicable law.
For an immigration matter arising outside Canada, an application for leave and judicial review is generally required to be served and filed within 60 days after the applicant is notified of, or otherwise becomes aware of, the decision.
For matters arising in Canada, the general statutory period is 15 days. A judge may allow additional time in special circumstances, but applicants should not rely on an extension.
Federal Court Judicial Review Process
Review the Refusal
Obtain and carefully examine the refusal letter, decision details, application documents and available reasons for refusal.
Assess the Legal Grounds
Determine whether there may be an arguable error of law, unreasonable decision-making, failure to consider relevant evidence or procedural fairness concern.
Prepare the Application
Prepare the Application for Leave and for Judicial Review using the applicable Federal Court immigration procedure and required court forms.
Serve and File
The application must be served on the appropriate respondent and filed with the Federal Court within the applicable statutory deadline.
Leave Stage
A Federal Court judge first reviews the application at the leave stage. If leave is refused, the judicial review does not proceed to the full hearing.
Judicial Review Hearing
If leave is granted, the matter proceeds to the judicial review stage. The Court considers the legal and procedural issues raised in the application.
Court Decision
If the Court allows the application, it may send the matter back for reconsideration. This does not automatically mean that a visa will be approved.
Federal Court Judicial Review Fees
| Court Service | Current Filing Fee |
|---|---|
| Application for Leave and Judicial Review | CAD $50 |
|
Application for Extension of Time
If required and applicable |
CAD $20 |
| Requisition for Hearing | CAD $50 |
Court filing fees are separate from professional legal fees, document preparation costs, translation costs, courier/service expenses and any other case-related expenses. Fees and court procedures should be verified with the Federal Court before filing.
How to Submit a Judicial Review Application
- Review the refusal decision and determine the potential grounds for judicial review.
- Prepare the Application for Leave and Judicial Review using the applicable Federal Court immigration form and procedure.
- Identify the decision being challenged, the date you became aware of it, the relevant decision-maker and the relief requested.
- Serve the application on the appropriate respondent as required by the Federal Court procedure.
- File the application with the Federal Court Registry within the applicable deadline.
- Pay the applicable Federal Court filing fee.
- File proof of service as required by the Court.
- If leave is granted, complete the subsequent judicial review steps and comply with the deadlines specified by the Court and applicable rules.
What Can the Federal Court Do?
The Federal Court does not normally replace the immigration officer's decision with its own visa decision. If the Court allows the judicial review, the matter may be returned to the appropriate decision-maker for reconsideration.
The decision may be set aside and the matter may be sent back for reconsideration.
The original decision remains in effect unless another lawful remedy is available.
Federal Court judicial review is a legal proceeding. Applicants should consider obtaining advice from a qualified Canadian immigration lawyer or other authorized legal professional before starting a court case, particularly because strict filing deadlines apply.
Hijarat Visa Consultancy Services can provide general information and administrative support where appropriate, but we do not represent ourselves as the Federal Court, IRCC or a Canadian law firm, and we do not guarantee the outcome of a judicial review.
How Hijarat Visa Services Can Help
Our role is to provide general visa support and application preparation assistance. We do not make immigration decisions and cannot guarantee a visa approval.
Refusal Reason Assessment
Review the available refusal information and help identify the areas that may require attention before another application is prepared.
Document Review
Review supporting documents for completeness, consistency and relevance to the proposed application.
Application Preparation
Provide general assistance with application forms, supporting documentation and presentation of the applicant's circumstances.
Reapplication Guidance
Help applicants understand what should be addressed before submitting a new application following a refusal.
Supporting Letter Review
Assist with organizing explanations and supporting information so that the application is presented clearly and consistently.
General Next-Step Guidance
Explain the general application process and help applicants understand what information may be needed for their next step.
Don't Let a Refusal Stop Your Next Step
Understand the refusal, identify the issues and prepare your next application with a clearer strategy.
Frequently Asked Questions
Can I reapply after a Canada visa refusal?
In many cases, applicants can submit a new application. However, it is important to understand and address the concerns raised in the previous refusal before reapplying.
How long should I wait before reapplying?
There is not one universal waiting period for every refusal. The appropriate timing depends on the reason for refusal and whether the applicant can meaningfully address the identified concerns.
Will reapplying guarantee approval?
No. A new application is assessed on its own merits, and the final decision is made by the relevant Canadian immigration authorities.
What documents should I prepare after refusal?
Documents depend on the refusal reasons and the type of application. Applicants should focus on relevant evidence that directly addresses the concerns identified in the previous application.
Can I challenge a Canada visa refusal in Federal Court?
In certain circumstances, an applicant may be able to seek judicial review of an immigration decision in the Federal Court. Judicial review is not a normal visa appeal, and eligibility should be assessed by a qualified Canadian immigration lawyer or other authorized legal professional.
Does judicial review guarantee a Canada visa?
No. A successful judicial review does not automatically result in visa approval. The decision may instead be returned to the appropriate decision-maker for reconsideration.
Can Hijarat guarantee a Canada visa approval?
No. Hijarat Visa Services does not guarantee visa approval. Decisions are made solely by the relevant Canadian immigration authorities.
How can I get started?
You can contact Hijarat Visa Services with your refusal information and relevant application details so that the appropriate general support options can be discussed.
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