If the officer made a mistake in their decision, there are several options to resolve the issue.
Ø The simplest one – we send the file for reconsideration, a procedure called reconsideration. Unfortunately, a few months ago, the immigration ministry published a special directive stating that the officer is NOT OBLIGATED to accept a file for reconsideration. This decision is entirely up to them: they may or may not want to review it. HOWEVER, there are some exceptional levers of influence that may compel the officer to reopen the file.
Ø The following types of files can be appealed to the Immigration Appeal Division (IAD). This can also be done by a legal representative (immigration consultant):
- If your spousal sponsorship was refused because the officer believed the marriage was entered into for immigration purposes
- If you received a removal order from Canada due to document fraud or because it was determined that you deliberately concealed some information
- If you received a removal order because you lost your PR status (you were physically present in Canada for less than 2 out of 5 years)
- If your parental sponsorship was refused
- If your PR status was revoked due to criminal charges
Ø If your temporary visa was refused – whether it's a visitor, student, or work visa – you can apply for reconsideration or reapply for the visa again, arguing that the refusal was a mistake. You can also apply to the Federal Court (this must be done by a lawyer only) so that a judge can overturn the officer's decision and send the file for reconsideration to another immigration officer.
When it comes to temporary visas, my advice is to reapply, because legal costs are high, and even in case of a positive court decision, the file still goes back for review by another officer. This means a huge waste of time: first, you wait for the Federal Court, then you wait for the new officer’s review.
Ø If your PR application was refused, and especially if a ban was issued (for example, a 5-year ban), you must urgently file for judicial review in the Federal Court.
Keep in mind, the time limit for filing in Federal Court is VERY SHORT. From the moment the decision is issued, you have only 15 to 60 days to file, depending on the type of appeal (temporary file, PR, deportation, and very importantly – whether you are inside or outside of Canada).
While it’s possible to simply reapply for temporary visas, many PR programs impose restrictions on reapplying for 2–3 years after refusal. In such cases, time is critical. You must act lightning fast after receiving the refusal; otherwise, you risk losing the ability to apply for PR for several years ahead.
Oleksandra Melnykova, Immigration and Refugee Consultant in Canada.
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