Federal Court judicial review, mandamus, IAD appeals, inadmissibility and H&C - for clients across Canada and abroad.
Licensed Ontario lawyer focused on complex and refused immigration cases.
Your Options at a Glance
Where you are in the process decides your options - and complex cases fall into three stages.
- Before you apply: if you already know about a complexity (a past criminal record, a medical issue, a prior misrepresentation, or a permanent resident short on residency days), the goal is to fix it up front - often with criminal rehabilitation, a TRP, or the right strategy - before any refusal.
- In process: if IRCC has raised a concern but hasn't decided (a procedural fairness letter), you're not refused yet - you respond before a refusal.
- After a refusal: the routes are reconsideration, reapplying, an appeal (where one exists), or judicial review at the Federal Court, where the window can be as little as 15 days . This page maps each stage so you can decide your next move.
Last Updated: June 2026. Reviewed regularly to reflect current IRCC policy and Federal Court rulings.
A refusal - or a letter warning that one may be coming, or simply knowing your case is complicated - is stressful, and the worst move is to do nothing while a deadline (or an opportunity) slips. We help applicants at every stage: those who know about a complexity before applying (a criminal record, a medical concern, a prior misrepresentation, an unmet residency obligation) and want to fix it up front; those who've received a procedural fairness letter and can still respond before any decision; and those already refused - a study permit, work permit, visitor visa, or permanent residence - weighing reconsideration, reapplying, an appeal, or the Federal Court. Below is a plain-language map of every option - who it's for and the deadlines that matter. Prefer it assessed directly? Book a consultation.
On this page
Your Options Compared
Your situation sits in one of three stages: before you apply (you already know about a complexity and want to fix it up front), in process (a concern was raised but there's no decision yet - a chance to prevent a refusal), or after a refusal (your remedies). The table groups the options by stage.
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Which Option Applies to You?
A quick way to narrow it down (then book a consult to confirm):
Before you apply - you already know your case is complex:
- You have a past criminal record → look at criminal rehabilitation or a TRP before you apply, not after a refusal.
- You're a permanent resident short on residency days → see residency obligation before you travel or renew your PR card.
- You were previously removed from Canada → you may need an Authorization to Return (ARC) before reapplying.
In process - a concern was raised but there's no decision yet:
- You received a letter raising concerns but no decision yet → respond to the Procedural Fairness Letter. This is the pre-refusal stage - an opportunity to answer IRCC before it decides, not a remedy after a refusal.
After a refusal (or a stalled file) - your remedies:
- You were refused and believe the officer made an error → weigh reconsideration vs. judicial review.
- You were refused and simply have stronger evidence now → reapplying may be faster than fighting.
- IRCC has gone silent for far longer than the published processing time (no decision at all) → a writ of mandamus can force a decision.
- Your family-class sponsorship was refused (spouse, partner, child, parent/grandparent) → you may have a right of appeal to the Immigration Appeal Division - a true re-hearing, different from judicial review.
- A permanent resident was found abroad not to meet the residency obligation → there's a residency obligation appeal to the IAD (60 days).
- You were found inadmissible (criminal, medical, or misrepresentation) → see inadmissibility options.
- You've received a removal/deportation order → see removal & stays.
- You don't qualify under a program but have compelling personal circumstances → Humanitarian & Compassionate (H&C).
One important point most applicants don't realize: for most temporary-resident refusals (visitor, study, work permit) there is no formal tribunal appeal - the route is reconsideration or judicial review, not an "appeal" to the IAD. The Immigration Appeal Division handles only specific matters (certain sponsorship, removal order and residency obligation appeals).
What Does it Mean to Be "Refused by IRCC"?
A refusal is IRCC's formal decision not to approve your application - set out in a decision letter and, usually, the officer's decision notes (ODN). It isn't necessarily the end of the road: you may be able to reconsider, reapply, appeal to a tribunal, or challenge it in Federal Court. What you can't safely do is wait - most options run on a deadline that starts the day you receive the decision.
What is Judicial Review?
Judicial review is a Federal Court process that asks a judge whether an immigration officer's decision was reasonable and procedurally fair. It isn't an appeal or a re-hearing - the Court can't approve your application; if you win, it sends the decision back to IRCC for a different officer to decide again. For most permit refusals, which have no tribunal appeal, this is the main way to challenge a refusal.
→ Read more: Judicial Review at the Federal Court
Reconsideration vs. Reapply vs. Judicial Review - How to Choose
In short: reconsideration asks the same office to look again; reapplying is a fresh start with stronger evidence; judicial review challenges the decision's legality at the Federal Court. The right call depends on what went wrong and how much time you have.
Mandamus - When IRCC Won't Decide
If your application has sat far beyond IRCC's published processing time with no decision, a writ of mandamus asks the Federal Court to order IRCC to decide. It doesn't dictate the outcome - it compels a decision. There's a procedural step most people skip first (a formal demand to IRCC), which is part of what makes a later mandamus application viable.
→ Read more: Writ of Mandamus / IRCC Delay
Inadmissibility - Criminal, Medical, Misrepresentation
Being found inadmissible means a specific legal bar is blocking your application - and most bars have a defined route around them (a temporary resident permit, criminal rehabilitation, or addressing a misrepresentation finding). Often the smartest move is to deal with a known bar before you apply, not after a refusal: for a past criminal record, criminal rehabilitation is generally available 5+ years after your sentence is complete, with a TRP to bridge earlier travel. The right route depends entirely on which bar applies - and misrepresentation carries a 5-year inadmissibility, so timing matters.
→ Read more: Inadmissibility to Canada
Appeals to the Immigration Appeal Division (IAD)
A few immigration decisions carry a right of appeal to the Immigration Appeal Division - a tribunal that can re-decide the matter, not just review how it was decided.The IAD hears four kinds of appeals: refused family-class sponsorships, removal orders against permanent residents and protected persons, residency-obligation decisions made outside Canada, and the Minister's own appeals. The deadlines are short - generally 30 days to appeal a sponsorship refusal or a removal order, and 60 days for a residency-obligation decision. Two things catch people out: a right of appeal is lost where serious criminality is involved - a Canadian sentence of 6 months or more - and most temporary-permit refusals (visitor, study, work) have no IAD appeal at all - there the route is reconsideration or judicial review.
→ Read more: Appeals to the Immigration Appeal Division
Removal & Deportation Orders
If you've received a removal order, how you respond depends on the order type. There are three:
- a departure order (leave within 30 days or it becomes a deportation order),
- an exclusion order (a 1-year bar to return - 5 years if it followed misrepresentation), and
- a deportation order (you need an Authorization to Return to Canada to come back at all).
Depending on the case you may be able to appeal to the IAD (removal-order appeals are 30 days, ask the Federal Court to stay (pause) the removal while it's challenged, or apply for a PRRA (pre-removal risk assessment) before you're removed.
→ Read more: Removal Orders & Stays
Humanitarian & Compassionate (H&C) applications
An H&C application asks IRCC to use its discretion to grant status on compassionate grounds when you don't fit a standard program. It's exceptional relief - not a fallback for a weak application - and where children are involved, their best interests are often the strongest factor.
→ Read more: H&C Applications
The Deadline that Matters Most
For judicial review, an Application for Leave and Judicial Review generally must be filed within:
- 15 days of receiving the decision if the matter arose inside Canada, and
- 60 days if the decision was made outside Canada.
These deadlines are strict, and the Court rarely grants extensions - which is why it's worth getting advice quickly after a refusal. (Other routes have their own clocks: IAD removal-order appeals are commonly 30 days; a procedural fairness letter sets its own short response window.)
Do You Need a Lawyer - and Can a Consultant Do This?
You can respond to some refusals yourself. But only a lawyer (a member of a provincial law society) can represent you at the Federal Court - an immigration consultant (RCIC) cannot. For judicial review and mandamus specifically, that makes a lawyer essential. If you're not sure whether your situation needs a lawyer, that's exactly what a 30-minute consult ($185) is for.
Why Lerom Law
Lerom Law focuses on refused and complex Canadian immigration matters - refusals, Federal Court judicial review, mandamus, inadmissibility, and H&C. We work with applicants across Canada and abroad, explain your realistic options in plain language, and act quickly when a deadline is running. Book a consultation or call +1-647-493-5205.
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