The two routes, honestly compared
Reapply
Usually faster and cheaper. It is the right route when the officer was not satisfied by the evidence, because you can send better evidence. It is the wrong route when the officer misapplied the law, ignored what you filed, or denied you a fair chance to respond. In those cases the same decision-maker logic will simply repeat.
Federal Court judicial review
Not an appeal and not a second opinion on the merits. The Court asks whether the decision was reasonable and whether the process was fair. Where it succeeds, the usual result is that the decision is set aside and the application is sent back to a different officer to be decided again.
How we assess a refusal
Refusals we see most
- Visitor visa (TRV): insufficient ties to the home country, purpose of visit not established, funds not demonstrated, or family in Canada treated as a pull factor.
- Study permit: the study plan is not accepted as genuine, the programme is not seen as a logical progression, or funds are questioned.
- Work permit: the job offer, the LMIA, or the applicant's qualifications for the role are not accepted.
- Permanent residence: relationship genuineness in sponsorship files, misrepresentation findings, medical or criminal inadmissibility.
- Procedural fairness letters: a letter inviting a response before a refusal is an opportunity, not a formality. It is often the last chance to fix the file cheaply.
Common questions
Should I appeal, or just apply again?
Most temporary residence refusals carry no appeal. The choice is a better reapplication or Federal Court. Reapplying is faster and cheaper but fails if you send the same file back. Judicial review fits where the officer erred in law or acted unfairly, rather than simply weighing your evidence differently.
How long do I have?
15 days from notification for an in-Canada decision, 60 days for one made outside Canada (IRPA s.72(2)(b)). Late applications need special reasons and are not routinely allowed.
What are GCMS notes?
The officer's internal assessment record, obtained through an access to information or privacy request. They usually explain the refusal in much more detail than the letter, and they are the starting point for most refusal files.
Will the refusal count against me next time?
It is visible to the next officer and must be disclosed, but it is not fatal. What matters is whether the new application answers the concern that caused the refusal with evidence. A misrepresentation finding is a different and more serious matter.
What does this cost?
A reapplication after a refusal starts at $3,500 and Federal Court work is quoted per matter after an assessment. See our published fees. A 60-minute litigation consultation is $375 and is credited to your file if you retain us.
General legal information, not legal advice. Deadlines and options depend on the decision you received and the date you were notified. Past results are not necessarily indicative of future results.