Immigration refusal
in Canada

Before the decision

• Procedural fairness letter (IRCC): it sets out the officer's concerns before a decision is made, and lets you respond within the stated deadline. It is not a refusal, nor an option after a refusal;
• Notice of intent to refuse (MIFI): sent in particular when the program conditions do not appear to be met. You can submit documents or explanations within the requested time. The final decision may be selection, a refusal or a rejection;
• Notice of intent to reject (MIFI): sent in particular when documents are missing or when information or documents raise doubt. It is not the same as an intent to refuse: read the letter and its deadline carefully.

A letter received before the decision is not yet a final decision.

After the decision

• Refusal and rejection: in Québec, the MIFI distinguishes the two. A refusal applies when the person does not show that they meet the program requirements; a rejection can be issued on other grounds, for example missing documents or false or misleading information, and may have heavier consequences for future applications;
• New application: IRCC says that in general you can submit another application, unless the decision letter prohibits it, but only if you have new information to provide. It is not automatically the best solution: you first need to understand the reasons;
• Reconsideration: this is not an automatic right. At IRCC, there is no appeal for temporary residence applications. In Québec, the MIFI provides for an administrative review request, to be submitted within 90 days of the decision, for certain refusals or rejections (not those based on knowledge of French or English).

When a lawyer is needed

Judicial review is a remedy before the Federal Court, not an appeal. It requires an application for leave, with very short deadlines: 15 days if the decision was made in Canada, 60 days if it was made outside Canada, from the notice of the decision (a judge may extend the deadline for valid reasons). It is handled by a lawyer. When this path may be relevant, Pro Immigration can tell you that legal action is needed and refer you to a lawyer.

Refusals by type of application

• Study permit refusal

How we can help

Pro Immigration can help you:

• review your letter, the reasons and the documents in the file;
• explain what the letter means and the options that may exist;
• prepare a response to a procedural fairness letter or a MIFI notice, when the mandate allows;
• assess the possibility of reconsideration or a new application, and prepare the new file;
• refer you to a lawyer when the situation requires legal action.

Pro Immigration is an immigration consulting firm, not a law firm. We cannot guarantee that a decision will be overturned, or that a new application will be approved: the decision rests with IRCC or Québec.