What is a Canada Visa Refusal Letter? 7 Tips for a Successful Appeal

Have you applied for a Canadian visa and been denied? If so, you may have received a Canada visa rejection letter.

This can be frustrating when you realize you cannot enter the Maple Leaf Country as you had hoped.

Do not worry, in the following article, ImmiPath will show you the secrets to successfully appealing a Canada visa rejection. Check it out now!

1. What is a Canadian Visa Refusal Letter from IRCC? Why Did You Receive a Canadian Visa Refusal Letter?

Most foreign citizens require a Temporary Resident Visa (TRV) to enter Canada as a worker, visitor, or student. The approval of a temporary visa is at the discretion of an immigration officer from Immigration, Refugees, and Citizenship Canada (IRCC).

If a TRV is denied, the IRCC officer will issue a refusal letter specifying the reasons for the denial, such as, “I am not satisfied that you will leave Canada after your stay.”

Receiving a Canadian visa refusal letter is something no one desires, whether for an immigrant or non-immigrant visa in the land of the maple leaf.

A Canada visa refusal letter can disrupt your plans for visiting, working, studying, or settling in Canada. However, even if your Canadian visa application is denied, there are still steps you can take to obtain a Canadian visa.

A Canadian visa refusal letter may be issued under the following circumstances:

• After reviewing the written application, without the applicant having a direct interview.
• After an interview with the visa applicant.

If the application review clearly shows that the applicant does not meet the requirements and providing additional information would not change the decision, the applicant may not be asked to attend an interview.

2. How Can You Appeal after Receiving a Canadian Visa Refusal?

If you receive a Canadian visa refusal letter, there are several appeal options you can pursue to have your application reconsidered and possibly obtain the visa. ImmiPath suggests the following 7 options:

2.1. Identify Where You Went Wrong

If your visa application was denied, it is crucial to obtain a copy of your immigration application record if you want your second visa application to be successful.

Review the application to see if any evidence or documents were missing. Ensure that the information you provided to the Canadian immigration officer (RCIC) or Canadian lawyer was accurate and truthful.

You can save time by consulting with an immigration expert, such as ImmiPath, or a knowledgeable Canadian professional who can offer appropriate guidance and support for your application.

2.2. Request a Reconsideration

If you receive a Canadian visa refusal letter, you have the right to request a reconsideration. This involves submitting a letter asking the IRCC officer who evaluated your case to review potential oversights or errors and reach a different conclusion.

Typically, this request is accompanied by written evidence supporting your claim. It is often submitted through the IRCC’s online web form.

The Canadian immigration authorities may or may not agree to change their decision. Generally, officers will only seek to revise their decisions if the initial decision was made for legitimate reasons.

However, sometimes the quickest and easiest way to appeal a refusal and obtain the immigration benefits you seek is to submit a Request for Reconsideration.

Requesting a reconsideration is a good idea if the Canadian visa refusal by IRCC was based on factual or legal errors. In such cases, IRCC often responds by issuing a revised approval decision.

The IRCC officer may or may not be persuaded to change their decision (especially in cases where the IRCC did not make a clear mistake). Therefore, it is wise to set reasonable expectations for how your Request for Reconsideration will be handled.

There is no specific format or requirement for requesting reconsideration of a Canadian visa refusal, but the persuasive advocacy of an RCIC or Canadian lawyer can shift the balance and convince the officer to reverse the refusal decision, even in situations where IRCC previously rejected the request.

2.3. Submit an Access to Information and Privacy (ATIP) Request

A Canadian visa refusal letter may not clearly state the specific reasons why the IRCC officer rejected your application. Often, these letters only provide general information.

When your Canadian visa application is denied, ImmiPath recommends requesting access to the Global Case Management System (GCMS) notes made by the visa officer during the review of your application. By obtaining your GCMS notes, you can address any issues and improve your chances when reapplying.

Immigration, Refugees and Citizenship Canada (IRCC) processes immigration and citizenship applications using GCMS. The Canada Border Services Agency (CBSA) also uses this system.

The GCMS records every interaction related to an immigration applicant, including communications with and from IRCC, all documents submitted by the applicant, detailed notes from the IRCC officer who reviewed the case, and other relevant data.

It is believed that the most accurate and comprehensive view of an applicant’s immigration file can only be obtained through GCMS notes. Using your right to access these notes, you can stay informed about the status of your application and take necessary actions to increase the likelihood of approval.

Remember that when a request for reconsideration is made, a different visa officer might review the revised application and may have a different perspective on the supporting documents.

When the IRCC office receives a reconsideration request, the immigration officer must evaluate the request and determine whether to follow the original decision or make a new one.

If possible, reconsideration requests should be forwarded to the original decision-maker. If that is not feasible, the request should be sent to the appropriate officer for a decision. Before reconsidering, officers should document the following information in the GCMS notes.

See More: Canadian Immigration Terms You Might Not Know.

2.4. Submit a New Application After Receiving a Canadian Visa Refusal

If you believe that the reasons stated in the Canadian visa refusal letter are valid, you should consider submitting a new application. In your new application, you must carefully address the reasons for the previous refusal. In addition, if any documents need to be updated (such as recent bank statements, etc.), ensure that you obtain these updated documents.

After a Canadian visa refusal, applicants should be aware of specific recommended procedures to strengthen their case for reapplication. Knowing what these steps are and ensuring they are followed carefully can help avoid any issues the second time around. The steps you take during the reapplication process will vary depending on the type of visa you are applying for.

If the refusal was due to errors in your initial application, you could resolve the issue by making the necessary corrections. Review the information you provided and submit the required supporting data or documents.

When doing so, ensure that you provide a reasonable explanation for why this new information was not included in your first application.

2.5. Appeal to the Canadian Court

The Federal Court of Canada handles all appeals related to immigration matters, including Canadian visa refusal letters. The Federal Court does not directly grant temporary visas. Instead, their ruling may influence whether Immigration, Refugees, and Citizenship Canada (IRCC) will continue to evaluate your immigration case. This is why you may choose to appeal to the Federal Court of Canada.

All decisions made by IRCC that affect your application can be appealed to the Federal Court, where it will be determined whether the case requires a hearing (often deemed unreasonable) or if it raises significant legal issues. For example, a study permit application might be denied despite strong supporting data, raising legal concerns.

If the applicant fails to submit a robust application that complies with IRCC’s requirements, judicial review cannot overturn IRCC’s decision.

Consider whether you are eligible to appeal to the Federal Court of Canada based on your specific case. 

However, remember that this appeal is time-sensitive, so action must be taken promptly. If this applies to your situation, it’s advisable to seek the assistance of an experienced lawyer who specializes in Canadian visa applications to enhance your chances of approval.

Many immigration decisions can be appealed from outside or within Canada, depending on the type of application. The following decisions can be appealed to the Federal Court of Canada for “judicial review”:

• Tourist visa refusals (Top Reasons & Solutions for Tourist Visa Refusals)
• Study permit refusals (Top Reasons & Solutions for Study Permit Refusals)
• Work permit refusals (Top Reasons & Solutions for Work Permit Refusals)

2.6. Contact Your Member of Parliament (MP)

Members of Parliament (MPs) can directly contact Canada’s immigration department (IRCC). This typically means that IRCC has a dedicated unit or staff responsible for handling inquiries from MPs across Canada.

Technically, anyone can call their local MP’s office. However, since MPs represent constituents within their electoral district, they are generally more receptive to Canadian citizens (meaning those who have voted for them or may vote for them in future elections).

Canadian citizens can assist their relatives or family members who are involved in IRCC’s immigration process or have received a Canadian visa refusal letter. 

In addition, businesses or Canadian employers can help by liaising with their local MPs regarding work permits, anticipating minor support from the MP’s office if you are a Canadian citizen or hold a Temporary Resident Visa (TRV).

MPs and their dedicated staff are often committed to resolving immigration inquiries. 

They can check the status of applications. After they make an inquiry, IRCC’s office typically responds with an update within a week or a few weeks, depending on the type of application.

With this support, it may be possible to “explore” or “reactivate” an application if IRCC has placed it incorrectly or if it is not progressing.

It has been observed that after a local MP sends a request for a status update, IRCC often processes applications (i.e., makes decisions) within Canada within 4-6 weeks. Some overseas offices are responsible for responding, but not all embassies provide the same level of service.

2.7. Explore Alternative Options

Potential applicants might secure temporary or permanent residency in Canada through various immigration programs and alternatives offered by both federal and provincial governments. Therefore, considering alternative options for your immigration journey can be beneficial.

You should explore other possibilities for future immigration to Canada, such as Provincial Nominee Programs (PNP) or different work permit options, which may eventually lead to the Canadian Express Entry program.

If you intend to start a business in Canada, it’s crucial to have a long-term strategy. Consider that alternative options may be influenced by the reason for the refusal.

For example, if you applied for a tourist visa to Canada but have an unclear travel history and no siblings residing in Canada, the Canadian visa refusal might be justified. Conversely, if you apply as a student, you might qualify without having siblings or previous travel experience.

You can visit other online tools provided by IRCC, which assist foreign nationals in assessing their eligibility for status in Canada as an immigrant, visitor, worker, or student. These tools will guide you through answering questions about your personal and professional background.

3. Some Frequently Asked Questions about Canadian Visa Refusal Letters

3.1. How many times can you apply for a Canadian visa after being refused?

You can reapply as many times as you wish if IRCC has refused your immigration request to Canada unless the decision letter specifies otherwise. You should reapply if you can include information that was needed in your previous application.

3.2. What should I do after receiving a Canadian visa refusal letter?

You need to identify and address the reasons for the refusal. If you had a visa interview, you can ask the visa officer about the reasons for the refusal. If no interview was required, you will receive a document outlining the reasons for the Canadian visa refusal letter.

3.3. Can I get a visa after being refused?

After receiving the Canadian visa refusal letter, you can still apply for a visa after receiving a refusal letter if you find errors in your previous visa application.

3.4. How much does it cost to appeal a visa refusal?

The cost of appealing a visa refusal varies depending on the law firm’s business policies. On average, fees range from $4,000 to $8,000.

3.5. My tourist visa application was refused. Should I reapply?

If your circumstances have changed, you may reapply and include your updated information. However, reapplying with the same information will not impact IRCC’s previous decision. You will only incur additional costs and other applicants will have to wait longer for processing.

Above is the information about the Canadian refusal visa letter. If you have any further questions about Canadian visa refusal letters, feel free to comment below. The ImmiPath consulting team will be happy to assist you.