Written by: Mathew Wilton, Barrister & Solicitor
You’ve applied to come to Canada to study, work, or visit temporarily but now your application has been refused. You’ve read over the refusal letter sent by IRCC but you are still left with questions:
Why was my application refused?
Was an error made in processing my application?
What do I do next?
With the steady stream of individuals and families seeking to come to Canada on a temporary basis, the above experience is all too common. And with no formal appeal process to challenge these decisions, many wonder what next steps to take.
Your best course of action will ultimately be dependent on your specific circumstances, including your immigration goals and the timing of when you are hoping to arrive in Canada. However, in general, your primary options include:
Resubmitting your study, work, or visitor visa application; and/or
Making an application for Judicial Review with the Federal Court (i.e. challenging the decision if you believe it was unreasonable).
In pursuing either option, one of the first steps that you can take is requesting the officer’s notes (Global Case Management (GCMS) Notes) for your refused application. These notes can be requested through making an Access to Information and Privacy (ATIP) Online Request.
Note: If you are in Canada already as a temporary resident, you can make an ATIP Request yourself. If you are outside of Canada, you will need to provide consent for this to be submitted by a designated representative. A licensed Canadian immigration professional can handle this request on your behalf.
The GCMS notes may provide valuable information about your refusal:
The GCMS notes may provide information as to what information/documents were lacking in your refused application and/or identify other issues at play that may affect your eligibility or admissibility to Canada. This information can assist you in preparing a resubmission.
The GCMS notes may also help you identify if an error was made in processing your application. An error may be grounds for pursuing an application for Judicial Review with the Federal Court.
Speaking with a licensed immigration lawyer will help you to navigate the GCMS notes and the best course of action for you to take.
When deciding your next steps, it is important to consider timing as GCMS notes will likely take several weeks to arrive:
If you have an urgent need to be in Canada, you may decide to resubmit your application without requesting the GCMS notes or before the notes are received. In this circumstance, it is best to ensure that you address the concerns in your refusal letter, and ensure you meet both the general and visa office specific instructions for your application.
There are specific deadlines for initiating the Judicial Review process (15 days from the date of decision if the application was made inside Canada; and 60 days if the application was made outside Canada). If you are quickly approaching your deadline, you can initiate the process for Judicial Review first, and request the officer’s notes as part of the Judicial Review process. You can then decide if you want to continue with the Judicial Review after the notes are received.
If you would like support in navigating next steps for your refused temporary resident application, please contact our team of experienced immigration lawyers and legal professionals. You can book a consultation by sending an email to reception@migrationlawgroup.com or by calling (416) 203-2899 x 30.
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