Visa Refusal – Part II: Choosing a Path Forward
Three ways to respond to a refusal, and when each one makes sense
A visa refusal is very rarely an insurmountable obstacle. In virtually every other situation, the outcome can be changed – provided the response is timely and well-informed.
Once the reasons behind a refusal have been identified (as described in Part I of this series), a number of remedies become available. This article walks through each of them.
What to Do After a Refusal
Understand the Reasons
Treatment always begins with a correct diagnosis. The same principle applies to visa applications: before taking any action to resolve the problem, you need to understand what caused it. We covered this step in detail in Part I of this series.
Choose the Best Path
Once the reasons for the refusal have been identified, the circumstances of the case will point toward one of three possible courses of action:
- Requesting a reconsideration of the refusal
- Correcting the weaknesses and resubmitting the application
- Challenging the refusal in Federal Court
The sections below examine each option in more detail.
Reconsideration Request
A reconsideration request is the simplest and fastest way to challenge a refusal. Unfortunately, simplicity and speed are where its advantages end – this option produces results only in rare cases.
The request is submitted to the visa office that processed the original application, but formally it carries no binding obligation. In other words, the visa office may silently acknowledge the request, respond to it, or actually reconsider the decision – it is entirely at the office's discretion.
The chances of success depend primarily on how obvious the errors on the visa office's part were. An obvious error might be, for example, lost correspondence or a clear and indisputable contradiction between the decision and immigration law. In such cases, there is a realistic chance that the visa office will acknowledge its mistake and reverse the refusal.
Resubmitting the Application
Resubmission is the primary remedy when the refused application involved a temporary visa – whether for tourism, visiting family, study, or work in Canada.
Decisions on these types of visas take a wide range of factors into account, and the outcome depends heavily on the individual immigration officer's perspective (we discuss this at length in our comprehensive guide to Canadian visitor visas).
Temporary visa refusals are almost always grounded in subjective reasons. Unlike immigration applications aimed at obtaining permanent residence – where officers follow clearly defined, formalized criteria – temporary visa officers are guided by general principles, which gives them broad discretion in how they interpret the materials before them.
It is therefore no surprise that applications are assessed very differently. Some receive approvals where a refusal might have been expected; others are refused where an approval seemed warranted. In many cases, the best course of action is to resubmit the application once the reasons for the refusal have been precisely identified and addressed.
An example makes this easier to see. The vast majority of temporary visa refusals cite uncertainty that the applicant will leave Canada on time. When the details are examined, it often turns out that the officer found the salary insufficient, the employment unstable, and the ties to the country of residence too weak as a result.
A resubmission in such a case is designed to answer the officer's specific concerns – providing additional information and documentation showing that the salary is in fact high by regional standards, that the applicant has worked in the same field for many years, and presenting further evidence of strong ties to their home country.
Resubmission resolves the problem in many cases, but it is also true that a second refusal can follow. Even so, a repeat refusal is not an insurmountable barrier – our practice includes cases where applicants successfully obtained visas after five consecutive refusals.
Resubmission is not always an option. For example, it may not be possible if the program under which the original application was filed has since closed, or if processing times for that application type are unreasonably long.
Need help building a stronger resubmission? Book a consultation
Federal Court Review
Taking the matter to the Federal Court is appropriate when the visa office made substantive errors in reaching the refusal decision.
Unlike a reconsideration request, which is directed at the visa office itself, the Federal Court intervenes in cases where the errors are less clear-cut or where the issues at stake are matters of legal dispute.
An application for leave and judicial review must be filed within a strict deadline – no later than 15 days after the refusal if the decision was made by a visa office in Canada, and no later than 60 days if the decision was made by a visa office abroad.
An example of an obvious error would be the officer completely ignoring an important document whose receipt was confirmed by the visa office. In such a case, a reconsideration request sent directly to the visa office may be enough to produce a positive result.
Less obvious and more nuanced errors – such as a failure to observe the principles of procedural fairness or a departure from the standards of reasonableness in decision-making – require the intervention of the Federal Court.
The court process involves qualified lawyers on both sides, and the very act of filing an application with the Federal Court is generally interpreted by immigration authorities as a signal that the applicant is prepared to see the matter through. For this reason, a favourable outcome is often reached before the hearing, at the earliest stage of the court proceedings. This is also why, in some situations, it can be strategic to pursue two tracks in parallel – resubmitting the application and filing for judicial review at the same time. In that scenario, the court proceedings serve as an indirect but highly significant argument in the applicant's favour that can play a decisive role in the outcome of the new application.
For a detailed explanation of how Federal Court review of a visa refusal works, see our two-part guide: Part I – How It Works and Part II – The Process Step by Step.
Choosing the right course of action after a refusal typically takes place during a consultation: the situation is examined from multiple angles, and a joint decision is reached on the most effective strategy. Lawpoint Immigration has over fifteen years of experience with Canadian immigration law, including work with refusals at every level – from resubmissions to Federal Court proceedings.