Refusals, Appeals & Refugee Protection
A refusal is rarely the final word. The right response depends on what the officer actually decided, and why.
What it is
Refusal letters often leave out the officer's full reasoning. Before choosing a new application, reconsideration, an appeal or a court challenge, we find out exactly why the application was refused.
Your options
- New application: often the best route for visitor, study and work permit refusals, which have no formal appeal.
- GCMS notes: the officer's internal notes, requested through an access to information request, which show the real reasons for the decision.
- Reconsideration: a request asking an officer to re-examine a clear error.
Immigration Appeal Division (IAD)
Some refusals can be appealed to the IAD, which can consider new evidence and, in many cases, humanitarian factors. The deadlines are strict and depend on the type of appeal.
| Type of appeal | Deadline to file |
|---|---|
| Refused family sponsorship (from abroad) | 30 days after you receive the refusal |
| Removal order | 30 days after you receive the order |
| Residency obligation decision made outside Canada | 60 days after you receive the decision |
Refusals of inland spousal sponsorships cannot be appealed to the IAD. Sina Kiamehr, RCIC-IRB, can represent you before the IAD.
What to send us
- The refusal letter, with the date you received it
- A copy of the application that was refused
- Any officer's notes (GCMS notes) you already have
The date you received the decision matters most. Some deadlines start running from that day.
Judicial review
An application for leave and judicial review at the Federal Court, filed through an immigration lawyer. The deadline is 15 days for a decision made in Canada and 60 days for a decision made outside Canada. A reconsideration request does not pause this deadline, so if court is a possibility, act quickly.
Refugee protection
Sina Kiamehr, RCIC-IRB, represents claimants before the Refugee Protection Division and the Refugee Appeal Division of the Immigration and Refugee Board.
- Refugee claims: claims for protection based on a risk of persecution, torture or serious harm, made at a port of entry or online from inside Canada. The outcome usually turns on credibility and evidence.
- Refugee appeals: appeals of refused claims to the Refugee Appeal Division, usually decided on the written record. New evidence is accepted only in limited circumstances.
- Pre-removal risk assessment (PRRA): a written assessment by an IRCC officer of the risk you would face if removed from Canada.
- Refugee travel documents: for protected persons, who generally should not use the passport of the country they fled.
| Step | Deadline |
|---|---|
| Basis of Claim form, for claims made at a port of entry | 45 calendar days after the claim is referred to the IRB (extended from 15 days by RPD practice notice) |
| Basis of Claim form, for claims made inside Canada | Submitted to IRCC with the claim, before it is referred |
| Notice of appeal to the Refugee Appeal Division | 15 days after you receive the written reasons |
| Appeal record to the Refugee Appeal Division | 45 days after you receive the written reasons (extended from 30 days by IRB practice notice) |
Always follow the dates on your own IRB documents, which take priority over this table.
Last reviewed:November 12, 2026[publish date]. Immigration rules change often; confirm the requirements that apply to you before you apply.