My application has just been refused. Now what?
Posted on 26/07/2026
Summary
When your application is refused, you have two choices: appeal or not. If you appeal, act quickly—deadlines are typically 15, 30, or 60 days. Appeals can be lengthy and costly; many applicants reapply instead of going to court. If you don’t appeal, seek reconsideration if IRCC made an error. If you reapply, don’t submit the same package—add new evidence and directly address the refusal reasons. Submit the strongest application initially; if refused, review the reasons and choose the right next step.
You submitted your application according to the instructions posted on Immigration, Refugees and Citizenship Canada’s (IRCC) website. You provided all the required documents. You truthfully answered every question asked. You waited patiently to hear from IRCC. Then a decision came in: Your application was refused.
You could not believe that your application was refused. You found that the refusal reasons did not make any sense. You are disappointed. You feel you were unfairly treated. You are angry. You want to appeal the decision to get justice. Then you were hit with another blow: you cannot afford the expensive appeal cost. Now what?
Calm down. Anger will not help. When your application is refused, as you may already know, you have two options: you can either appeal the decision or not appeal the decision.
Appealing the Decision
When an IRCC officer denies your application they must enter the reasons why in a government data system called Global Case Management System (GCMS). The case notes must include the following information:
An outline of the circumstances of your application
- An outline of the process the officer followed in making their decision
- A note of the presence of an interpreter – if any was required
- How the officer took into account any representations of interested people (people who may have submitted information supporting your application, for example, or the information your legal counsel submitted supporting your application if you had legal counsel).
- Notes about the nature and content of these representations
- Provide details of the reasons for the officer’s refusal of your application
Why do these case notes matter? Here’s why. You can appeal the decision to one of the following:
- Federal Court of Canada
- Canadian Human Rights Commission
AND during your appeal, the IRCC case officer MUST provide their case notes to the Federal Court or Human Rights Commission.
If you decide to appeal the decision, you need to act immediately upon receiving the decision letter. The reason for this is because there is a deadline to file an appeal regardless of whether the appeal is to the Immigration Appeal Division or to the Federal Court for judicial review. Depending on the type of application and what decision you are appealing, the deadline is 15 days from receipt of the letter, 30 days or 60 days at the longest. Failure to respond by the statutory deadline will require you to file a motion for an extension of time, which results in additional expense and could lead to you being denied a remedy in court. So it is essential that you need to seek legal advice and decide to appeal as soon as possible.
It is a lengthy and costly process going to Federal Court for a temporary resident visa (visa, study or work) application, so the majority of applicants choose not to go down that path. Re-consideration typically won’t be given unless there is an apparent error in law or in fact made on the application. So it is common practice that most applicants send in a second application to the visa office hoping for a different decision.
Remember however, that an appeal is never a guaranteed success, and you will normally need to have legal representation in order to have a chance of success. However, if you feel strongly about the refusal of your application for temporary residence in Canada, an appeal is a route you can always take.
Not Appealing the Decision
If you decide not to appeal the decision, it doesn’t mean that there is nothing else you can do but re-apply. You can address the refusal by requesting re-consideration if you believe that there are strong merits in your application. Typically the best way to start is to file an Access to Information (ATIP) request immediately. The ATIP will provide more detailed information on how the decision was reached. If the decision is clearly flawed, you can move quickly by asking the adjudicating office to reconsider the application. This will definitely maximize your chances for an early resolution and thereby avoid the cost of litigation.
I recently had a case which was successfully re-considered. The visa office based their refusal on the claim that they did not receive the required additional documents from the client. However, the ATIP showed that the required documents were indeed provided. When we provided the ATIP, the visa office re-opened the file right away and issued the visa to the client.
I have another case which is being re-opened as well thanks to the ATIP disclosure. The client was required to do a medical follow-up test. Unfortunately, due to the lack of communication between the visa office and the doctor’s office, the client’s application was refused for failing to comply with the medical request. Now the client’s file has been reopened and the client has completed her follow-up test. We are waiting for a final decision.
From time to time, I have clients coming to me, frustrated, complaining that their student visa or study permit application was refused for reasons they do not understand. They followed the guidelines published on the Immigration, Refugees and Citizenship Canada (IRCC) website, they provided all the documents as listed on IRCC’s document checklist, and they answered all the questions truthfully on the application forms. But they eventually received a refusal letter stating that the officer was “not satisfied client will return at the end of his or her authorized stay”.
On the surface, applying for a student visa or study permit seems like a fairly straightforward process. The criteria for approval and refusal are clearly outlined on IRCC’s website. Only a few application forms are needed. Not many documents are required. However, there is more that needs to be taken into the consideration beneath the surface of things.
Since the most common refusal reason is that the applicant will not return to their home country at the end of their authorized stay, you should address fully in your application what will attract you to go home after you finish your studies in Canada. Remember, a student visa or a study permit application is first and foremost a type of temporary resident visa application. Your stay in Canada is temporary; you will be allowed to study during your temporary stay but you are expected to leave the country at the end of your studies.
The second common concern is whether or not the applicant has sufficient funds to support themselves while they are in Canada. What is considered sufficient funds depends upon the program of study and the length of time you will stay in Canada. The funds should be more than enough to cover both tuition and living cost. What is more important is that you should provide clear documentation as to the source of funds that is verifiable and ongoing.
There are frequently “hidden” factors you should pay attention to as well, especially common forms of misrepresentation and the notoriety of documents from certain areas. You should go the extra mile to confirm the legitimacy of the documents you provide. In reality, documentation, including ID documents, are extremely difficult to verify in some countries, especially in war torn areas. This typically leads to the delay and refusal of applications. When in doubt, the IRCC officer will reject an application if they are unsure of the authenticity of the documents.
Another important factor to keep in mind is that visa officers process dozens of temporary resident visa applications per day. If your paper application is not well prepared, which is often the case, it could easily result in a refusal. You should seek an experienced professional to help you. No one can guarantee that they will have your application approved, but an experienced lawyer or consultant can greatly increase your chance of success.
If you have exhausted the above options and you want to submit a new application, the last thing you should do is to send the same application as you did the last time, secretly hoping that a different officer will give you favorable consideration. New information and greater details needs to be provided in order to stand a greater chance of success. There are a lot of ways that you can improve your application. You should at least address the areas which caused your last refusal and improve on the following:
- The person inviting you could improve on his/her invitation letter.
- You could improve your employment reference documents.
- You could improve the proof of your financial situation.
- You could improve your English or French language abilities (if applicable).
- You could improve explaining your purpose of coming to Canada, etc.
Just to name a few examples. It is crucial to submit a well prepared application in the first place. But if the application is refused for various reasons, it is equally important to analyze the situation and make the best decision for your next step.
