If your immigration application was denied by Immigration, Refugees and Citizenship Canada (IRCC), you can either file a reconsideration request, an appeal, or file an Application for Leave and for Judicial Review (ALJR) at the Federal Court.
What’s a reconsideration request?
It’s important to understand that a reconsideration request, appeal, or court application doesn’t guarantee that your immigration application will be approved.
Each option has different legal standards and risks, and choosing the wrong one can cost time and money. Getting advice early can help you decide the best path forward.
Whether you submitted a temporary residence or permanent residence application, you can ask IRCC to reconsider their decision to deny your immigration application if you can show that IRCC made an error in fact, an error in law, or an error in mixed fact and law.
Moreover, in a reconsideration request, you can submit additional evidence to further strengthen your application, increasing the chance of approval.
However, the kind of evidence you can submit depends on the type of application you submitted, and we recommend you book a consultation with us today to see how we can help you submit a reconsideration application.
How do I submit a reconsideration request?
If IRCC provided an email address in their refusal letter, you can generally submit a reconsideration request by sending the application by email.
If an email address wasn’t provided, then you’ll need to submit a reconsideration request through the IRCC web form.
Can I appeal my denied immigration application?
Yes and no.
An appeal is only possible if the legislation governing the decision allows it and, generally speaking, you can file an appeal for denied,
- Refugee claims;
- Spousal sponsorship applications;
- Residency obligations; and
- Removal orders.
For example, if you applied for a tourist visa or permanent residence, you can’t appeal IRCC’s decision, but you can submit a reconsideration request.
Where does the Federal Court fit into all this?
With respect to immigration, going to the Federal Court is generally the last resort.
For any immigration application, you can file an ALJR at the Federal Court asking them to review IRCC’s decision, known as certiorari.
For example, you should file an ALJR after you’ve asked IRCC to reconsider their decision or after an appeal (if applicable) – in other words, after you’ve exhausted all options.
Will the Federal Court overturn IRCC’s decision?
Generally speaking, no.
In an ALJR, the power of the court is limited to reviewing IRCC’s decision, and they’ll generally send the matter back to IRCC with guidance and have the application decided again by a different immigration officer.
How can Kabir & Alam help me with my denied immigration application?
Because a reconsideration, appeal, and an ALJR involves litigation, and since we’re litigation lawyers, we think of all counterarguments in order to maximize the chance of approval.
Book a consultation with us today to find out more about how we can help you with respect to your denied immigration application.