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The Visa Tales

Refused · What now

Reapply, or ask the Federal Court to look at it

There is no appeal against a temporary resident refusal. There are two routes, they answer different problems, and only one of them has a deadline running right now.

Checked 26 August 2026Sources: Justice Canada, Federal Court, IRCC

The short answer

Reapply when the officer weighed your evidence and found it thin. There is no waiting period, and new evidence is exactly what that route is for. Go to the Federal Court when the decision itself was unreasonable or the process unfair, and do it inside 15 days if the matter arose in Canada or 60 days if it arose outside. The officer's notes are what tell you which of those you are looking at.

There is no appeal, and that is not a technicality

People arrive at this looking for someone to reconsider the decision on its merits. For a temporary resident refusal, no such body exists. Nobody at IRCC will re-weigh your documents, and there is no tribunal to write to. Understanding that early saves weeks spent writing letters that will not be read as anything but correspondence.

What you have instead is a fresh application, or a court that examines how the decision was made rather than whether it was right.

Which route you are in

This is not a preference. It follows from what the officer's notes say, which is why reading them properly comes before deciding anything.

Reapply when

  • The officer named a ground and your evidence on it was genuinely thin.
  • Something real has changed: funds with a history, a job, a completed course.
  • A document existed but was never filed, or was filed without explanation.
  • You can show the specific thing the officer could not see last time.

No deadline, no permission, no waiting period unless the letter imposes one. The cost is another government fee and another decision on your record.

The Court when

  • The notes ignore evidence that was plainly in front of the officer.
  • The reasons contradict the file, or contradict themselves.
  • A concern was never put to you when fairness required it.
  • The finding does not follow from anything on the record.

Leave is a permission stage: the Court first decides whether to hear the case at all, and there is no appeal from that decision.

The distinction that decides it

Judicial review is not a second opinion on your documents. The Court looks at the material the officer actually had, so “I have better evidence now” is a reason to reapply, not a reason to litigate. If your answer to the refusal is a new bank statement, you are in the left-hand column.

Your deadline, worked out

Only one of the two routes has a clock, and it starts when you are notified, not when you finish gathering documents, and not when an access request comes back.

Your Federal Court date

Under section 72(2)(b) of the Act, an application for leave and judicial review must be served and filed within 15 days if the matter arose in Canada, or 60 days if it arose outside Canada.

Where were you?

Enter the date on your refusal letter to see the last day to file.

  • If the last day falls on a weekend or a day the Court registry is closed, filing moves to the next day it is open.
  • A judge of the Federal Court may allow an extended time for filing, for special reasons, so a missed deadline is not automatically the end of the route, but it is no longer yours to assume.
  • Leave is a permission stage: the Court first decides whether to hear the case at all, and there is no appeal from that decision.

What the Court process actually involves

Filing is the beginning, not the event. This is the shape of it, from the Federal Court's own guidance.

  1. 01

    You file the application for leave

    Served on the other party and filed with the Registry inside the statutory window.

  2. 02

    Your record follows within 30 days

    From filing if you already had the tribunal’s reasons, otherwise from receiving them.

  3. 03

    The Minister answers within 30 days

    Affidavits and a memorandum of argument, served from your record. You may reply within 10 days.

  4. 04

    A judge decides leave on paper

    Determined in writing, without either side appearing, and there is no appeal from that decision.

  5. 05

    If leave is granted, a hearing

    No sooner than 30 days and no later than 90 days after the leave order, unless both sides agree otherwise.

If the Court is your route, bring it to us

The Court stage is not consultant work: section 91(10) of the Act puts proceedings before a superior court outside a Regulated Canadian Immigration Consultant’s authority. It is still work we take on: bring us the refusal and the date on it, and we handle the representation from there rather than leaving you to find someone cold in the days you have left.

Reapplying so that it works this time

Most people are in this column, and most of them refile too fast. The next officer can see the last refusal and the reasoning behind it. An application that does not visibly answer that reasoning is being read as the same application.

What changes the outcome

  • New evidence aimed at the exact ground the officer named.
  • Disclosure of the refusal, and a direct answer to it.
  • A funding story with six months of history behind it.
  • Time, where the honest answer is that nothing has changed yet.

What does not

  • The same file, resubmitted with a longer letter.
  • A larger bank balance with no explanation of where it came from.
  • A hurried trip abroad to fill the passport.
  • Leaving the earlier refusal off the form.

Reading the notes first is not optional here, and since 29 July 2025 they arrive with the letter, so start there. Then the reasons themselves, for a study permit or a visitor visa.

Questions about appealing a refusal

Can I appeal an IRCC refusal?

Not for a temporary resident application. No tribunal hears an appeal against a refused visitor visa, study permit or work permit. The two routes are reapplying, which you may do at any time unless the letter bars it, and applying to the Federal Court for leave and judicial review.

Is judicial review the same as an appeal?

No, and the difference decides most cases. An appeal is a second look at the merits. Judicial review asks whether the decision was reasonable and whether the process was fair, on the material the officer actually had. New evidence is generally not admitted, so "I have better documents now" is an argument for reapplying, not for court.

What are the chances at the Federal Court?

Leave is a genuine filter. It is decided in writing by a judge without either side appearing, most applications end there, and there is no appeal from that decision. If leave is granted, a hearing follows between 30 and 90 days after the order. Anyone quoting you a success rate without knowing what is in your officer's notes is guessing.

What happens if I miss the 15 or 60 day deadline?

A judge of the Federal Court may allow an extended time for filing, for special reasons, so a missed deadline is not automatically the end of the route, but it is no longer yours to assume. It is not something to rely on, and the argument for special reasons gets harder the longer the delay runs.

Should I reapply while the judicial review is pending?

Sometimes, and it is a real strategic decision rather than a formality, because a fresh application can moot the litigation, and the two files can also cut against each other. It depends on what the officer found and on what has actually changed since. Do not run both on instinct.

Where this comes from

Government and statute only. Every figure and deadline on this page traces to one of these, and they are the pages to check if something here has since changed.

Read and checked by Jay Sharma, Regulated Canadian Immigration Consultant R710507, licensed by the College of Immigration and Citizenship Consultants. Figures verified 26 August 2026.

A refusal, and a clock

Tell us the date on the letter. We will tell you which route you are in.

We read the officer’s reasoning, say whether this is a file to rebuild or a decision to challenge, and take on the Court route where that is the answer. If neither is worth your money yet, we will say so.

Every Canadian file is reviewed by Jay Sharma, licensed to represent you before IRCC as RCIC R710507 and verifiable on the CICC public register. That is the difference between advice and representation.

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This page is general information about how refusals work, not legal advice about your file. Immigration rules and IRCC practice change without notice. A Regulated Canadian Immigration Consultant may represent you before IRCC; proceedings before the Federal Court are a lawyer's work. Last checked 26 August 2026.