Can you appeal a Canada visa refusal?

Can I appeal a refused visitor visa, study permit or work permit?

No. There is no appeal for these refusals.

They are called temporary residence applications. IRCC says:

“Under Canada’s Immigration and Refugee Protection Act, there’s no formal process to appeal decisions on temporary residence applications.”

IRCC names two options:

• Apply again, with new information that answers the reason for refusal.
• Judicial review at the Federal Court. This is a court case with short deadlines.

For a visitor visa or super visa, you can also ask IRCC to reconsider. This is informal, and the officer decides.

Which refusals can be appealed?

Only the ones the law lists. The list is in section 63 of the Immigration and Refugee Protection Act (IRPA). IRPA is Canada's main immigration law.

These appeals go to the Immigration Appeal Division (IAD). The IAD is part of the Immigration and Refugee Board of Canada (IRB).

“No appeal” means the refusal is not on the list in section 63. Some removal orders can also be appealed. Refugee claims have their own rules. Neither is covered here.

Not sure which sponsorship class you applied in? Check your application, or ask a lawyer. It decides whether you can appeal.

We list “ask to reconsider” only for visitor and super visas. The IRCC report that describes it is about temporary resident visas. IRCC says those are visitor visas, super visas and transit visas.

How does a family sponsorship appeal work?

The sponsor appeals, not the family member who was refused. The sponsor is the Canadian citizen or permanent resident who applied to sponsor.

“A person who has filed in the prescribed manner an application to sponsor a foreign national as a member of the family class may appeal to the Immigration Appeal Division against a decision not to issue the foreign national a permanent resident visa.”

IRPA, section 63(1) (opens in a new tab)

The deadline is 30 days. The IAD must receive the appeal in that time. The days count from when the sponsor receives the decision and any written reasons.

“in the case of a sponsorship appeal, 30 days after the day on which the appellant receives the officer’s decision and the written reasons, if any, for the refusal”

Immigration Appeal Division Rules, 2022, rule 16(a) (opens in a new tab)

Some refusals cannot be appealed, even by a sponsor:

• A spouse or partner sponsored in the “in Canada” class.IRCC says: “You can’t appeal our decision if you’re sponsoring them under the spouse or common-law partner in Canada class.” Only the family class is on the list in section 63(1).
• Misrepresentation.This means false information, or hiding an important fact. It must be something that could cause a wrong decision (IRPA s. 40(1)(a)). The one exception: the refused person is the sponsor's spouse, common-law partner or child (IRPA s. 64(3)).
• Security, rights violations, sanctions, or crime. The law lists security, violating human or international rights, sanctions, serious criminality or organized criminality (IRPA s. 64(1)).

“Serious criminality” has a narrow meaning here. For a crime punished in Canada, the prison term must be at least six months. It also covers serious crimes outside Canada, described in IRPA s. 36(1)(b) or (c) (IRPA s. 64(2)).

“For the purpose of subsection (1), serious criminality must be with respect to a crime that was punished in Canada by a term of imprisonment of at least six months or that is described in paragraph 36(1)(b) or (c).”

IRPA, section 64(2) (opens in a new tab)

No appeal? You may still ask the Federal Court for judicial review. The deadline is short.

An appeal is a legal case. Get help from a Canadian immigration lawyer, or a regulated Canadian immigration consultant (RCIC). The law lists who may be paid to represent you (IRPA s. 91(2)).

What is judicial review at the Federal Court?

Judicial review is a court case. You ask the Federal Court of Canada to check IRCC's decision.

It is not a new application. IRCC says it is for a decision you believe is “unreasonable”, or has “an error in law or fairness”.

If the court agrees, it can cancel the decision. It can send the file back to be decided again (Federal Courts Act s. 18.1(3)).

First, the court must say yes

The court must agree to hear your case. This permission is called “leave” (IRPA s. 72(1)).

If you have an appeal to the IAD, you must use it first. Judicial review comes after (IRPA s. 72(2)(a)).

How long do I have?

• 15 days if the matter arose in Canada.
• 60 days if the matter arose outside Canada.

The days count from when you were told of the decision, or learned of it. A judge can allow more time, but only “for special reasons” (IRPA s. 72(2)(c)). Do not count on it.

Which limit applies to you is a question for a lawyer. Ask one straight away.

“… within 15 days, in the case of a matter arising in Canada, or within 60 days, in the case of a matter arising outside Canada, after the day on which the applicant is notified of or otherwise becomes aware of the matter”

IRPA, section 72(2)(b) (opens in a new tab)

Who can act for me in court?

You can act for yourself, or through a lawyer (Federal Courts Rules, rule 119). The court process is formal, and the deadlines are strict. Speak to a Canadian immigration lawyer.

We are not lawyers. We cannot act for you in court.

Going to court? Say you have not received the reasons.IRCC says to write in your court application that you have not received the reasons. Do this even if you got a decision note. The Court can then ask for the complete reasons. It can also check if anything was removed from the note. (Rule 9 of the Federal Courts Citizenship, Immigration and Refugee Protection Rules.)

Can I apply again after a refusal?

Yes, in most cases. There is no general waiting period. IRCC says:

“If we refuse your application to come to Canada, you can apply again at any time, unless your decision letter says you can’t.”

But a new application needs something new. IRCC adds: “You should only apply again if you can include information that you didn’t include before.”

Sending the same file again will likely fail. On visitor visas, IRCC says:

“Applying again with the same information, even with an immigration representative, such as a consultant or agent, will likely not change this decision.”

The big exception is misrepresentation.That means false information, or hiding an important fact. It must be something that could cause a wrong decision (IRPA s. 40(1)(a)).

The law then makes you “inadmissible” for five years (IRPA s. 40(2)(a)). Outside Canada, the five years start from the final decision. IRCC puts it plainly: you “could be banned from Canada for at least 5 years”.

A new application will not fix that. Speak to a lawyer. See what A40 means.

“for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of this Act”

IRPA, section 40(1)(a) (opens in a new tab)

Can I ask IRCC to reconsider its decision?

You can ask. The officer does not have to agree.

IRCC described this in a report to Parliament. The report is about temporary resident visas. IRCC last updated it on 2 October 2024. It is a report, not a how-to guide.

Temporary resident visas are visitor visas, super visas and transit visas. We found no IRCC source that describes reconsideration for other refusals.

The report calls reconsideration “an informal recourse mechanism”. You contact IRCC and ask it to look again.

The officer decides whether to reopen the decision. IRCC says the decision-maker “may exercise their discretion”. That means it is their choice.

IRCC's examples of when it may be justified: an unfair process, or a clerical error. A clerical error is a simple recording mistake.

Disagreeing is not enough. In IRCC's words, disagreement “does not by itself qualify as a reason to reconsider.”

IRCC says that, anecdotally, “a large portion” of these requests are refused. That is based on experience, not counted figures. IRCC says its data is limited.

Asking does not stop the court deadline. To keep your right to go to court, apply for judicial review on time anyway.

“Even where an applicant requests reconsideration, should they wish to protect their appeal right, they must still file an application for leave and for judicial review within the prescribed time…”

IRCC, Report to Parliament, section 4.2 (opens in a new tab)

Do I need the officer's notes first?

To apply again, or to ask to reconsider, yes. For an appeal or a court case, no. That process gets you the reasons.

• To apply again, you must answer the officer's reason. IRCC says to re-apply only if “your situation has changed significantly, or you have new information to submit that will address the reason you were refused”.
• To ask for reconsideration, you have to show why it is justified, such as a mistake or an unfair step.
• For a sponsorship appeal, you do not need to buy notes. Once the IAD asks, the Minister (the government side) must send you an “appeal record”. It includes the refused application, the relevant documents and the written reasons (IAD Rules, rules 20(1) and 21(1)).
• For judicial review, tell the court you have not received the reasons. The court's registry then asks IRCC to send them (Rule 9, see judicial review).

“On receipt of a written request from the Division, the Minister must provide the appeal record referred to in subrule 20(1), (3) or (4) to the appellant and the Division.”

Immigration Appeal Division Rules, 2022, rule 21(1) (opens in a new tab)

Where is the reason written?

Check everything IRCC sent with the refusal. Since 29 July 2025, most temporary resident refusals come with an officer decision note. Since 26 May 2026, most permanent residence refusals do too.

The note explains why the officer refused. IRCC may remove parts of it.

You can also ask for your full records. Under the Privacy Act, you can see “any personal information” IRCC holds about you (s. 12(1)). So you are not limited to the decision note.

IRCC can still hold back some parts. For example, it may refuse to show information about other people (Privacy Act s. 26).

These records are often called GCMS notes, after IRCC's case system. Many people still call them CAIPS notes.

Decision note or GCMS notes: what do I need?

How do I get my notes?

Anyone, anywhere, can ask IRCC for their own records under the Privacy Act. It is free. IRCC says: “There are no fees involved with the processing of a request under this Act.”

People outside Canada got this right on 13 July 2022 (Privacy Act Extension Order, No. 3). You do not need a representative.

The law gives IRCC 30 days from receiving a request to reply, and lets it extend that by sending a notice. Nobody can make IRCC reply faster, including us.

Appeal or court case? Do not wait for your notes. The deadline can end before they arrive. Speak to a lawyer first.

Want us to do it? Our CAIPS Notes service costs ₹799, GST included. We file a records request for you and send you what IRCC releases.

General information, not legal adviceThis page explains the rules in general. It is not advice on your case. For an appeal or the Federal Court, speak to a Canadian immigration lawyer.