Appeals & Judicial Review
Most refusals can be challenged — but the path depends on the program. Sponsorship and removal cases go to the Immigration Appeal Division (IAD). Most other refusals require Federal Court judicial review (or sometimes a reconsideration request first). This pillar walks through every avenue.
Reminder: IRCC.com is an independent news and information site — we do not handle applications or give advice. Verify all program details on canada.ca. For personal advice, contact a CICC-licensed consultant or a Canadian immigration lawyer.
What this section covers
- Reading a refusal letter — what each section means
- Reconsideration requests — when to use, how to write
- Federal Court judicial review — leave application, grounds, timelines
- IAD appeals — sponsorship, residency obligation, removal orders
- Procedural fairness letters and how to respond
- Section 40 IRPA misrepresentation — 5-year ban consequences
- Section 44 reports and inadmissibility hearings
- Mandamus applications for delay
- Criminal inadmissibility and how to overcome it
- Medical inadmissibility and excessive demand
- Temporary Resident Permit (TRP)
Frequently asked questions
Can I appeal a refused study permit or work permit?
There is no formal appeal for most temporary resident decisions. Options are (1) request reconsideration, (2) reapply with a stronger application, or (3) seek Federal Court judicial review of the decision. JR is procedural — it does not re-decide the case but can quash the refusal and send it back.
What is a procedural fairness letter?
A procedural fairness letter (PFL) is a notice that IRCC has concerns that may lead to refusal — for example, doubts about a marriage's genuineness or suspected misrepresentation. You usually have 7–30 days to respond with evidence rebutting the concern.
Other immigration topics