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Refusals & Reconsideration

A refusal isn't the end.
It's a decision that deserves a real strategy.

Whether the right move is a reconsideration request, a stronger reapplication, or a referral to legal counsel for Federal Court, Mahyar helps you understand exactly why you were refused before deciding what comes next.

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Scope of Practice

As a Regulated Canadian Immigration Consultant (RCIC), Mahyar can advise on refusal strategy and prepare reconsideration requests. He is not a lawyer and cannot represent clients in Federal Court judicial review — that requires legal counsel. When a case calls for judicial review, Mahyar will tell you plainly and can refer you to qualified immigration counsel.

Program Overview

Three paths after a refusal — and they're not interchangeable.

An IRCC refusal can feel final, but it usually isn't. Depending on why the application was refused, the right response might be a written reconsideration request, a rebuilt reapplication that closes the specific gaps identified, or — in a smaller number of cases involving a genuine legal or procedural error — Federal Court judicial review.

These paths are not interchangeable, and choosing the wrong one wastes time you often don't have, since judicial review carries a strict filing deadline that doesn't pause while you consider other options.

Mahyar's role starts with understanding the actual reasons behind the refusal — not just the boilerplate language in the letter — before recommending a path forward, and referring out to legal counsel when the situation genuinely calls for it.

Reconsideration Request
A written request asking the same visa office to review its decision, typically used when new evidence or a clear factual or procedural error can be identified. Not guaranteed, but often the fastest and lowest-cost first step.
Reapplication
Submitting a new, stronger application that directly addresses the refusal reasons. In many cases this is more effective than reconsideration, particularly when the original application had gaps in evidence or eligibility that can now be fixed.
Federal Court Judicial Review
A legal proceeding asking the Federal Court to review whether the refusal decision was reasonable and procedurally fair. The filing deadline is 15 days from notification of refusal if the decision was made inside Canada, or 60 days if made outside Canada — and it is legal representation, not RCIC representation.
Procedural Fairness Response
If IRCC raises a concern before refusing an application, you may get a chance to respond before a final decision is made. A well-prepared response at this stage can prevent a refusal altogether.
How It Works

From refusal letter to a clear next step.

01
Understand exactly why you were refused
Refusal letters are often brief. Mahyar reviews the letter, the application as filed, and — where available — requests the full reasons through a formal access request, so the actual basis for refusal is clear before deciding on next steps.
02
Assess the right response
Not every refusal calls for the same response. Some are best addressed with a reconsideration request; others are better resolved with a stronger reapplication; a smaller number involve a genuine legal error that may warrant judicial review — which sits outside RCIC scope (see below).
03
Prepare and file
For reconsideration requests, Mahyar prepares a clear, evidence-backed submission addressing the specific refusal reasons. For reapplications, he rebuilds the application to close the gaps that led to the first refusal rather than resubmitting a near-identical file.
04
Refer out when the case needs a lawyer
When a case genuinely calls for Federal Court judicial review, Mahyar will tell you directly and can refer you to qualified immigration counsel. He does not take on representation he is not licensed to provide.
Fees & Costs

Costs vary sharply by path.

A reconsideration request or a rebuilt reapplication generally costs less than starting a Federal Court proceeding, which involves separate legal fees charged by the lawyer handling the case — Mahyar's role in that scenario is advisory and referral, not billed representation in court. Government application fees also apply on reapplication. Figures change with each IRCC update — Mahyar will confirm current numbers during assessment.

Timeline

Judicial review has a clock that doesn't wait.

Federal Court leave applications must be filed within 15 days of notification when the refusal decision was made inside Canada, or 60 days when made outside Canada. Reconsideration requests and reapplications aren't bound by that same deadline, but they also don't pause it. Getting the timeline right, early, is one of the most consequential parts of Mahyar's role after a refusal.

Common Pitfalls

Where post-refusal strategy goes wrong.

  • Reapplying immediately with the same weak evidence, expecting a different result
  • Missing the strict filing deadline for a leave application to the Federal Court, which is measured in days, not months
  • Treating a reconsideration request as a formality rather than a substantive, evidence-based submission
  • Not requesting the full reasons for refusal (GCMS notes) before deciding how to respond
  • Assuming any RCIC or consultant can represent you in Federal Court — only a lawyer can; see the scope note below
Common Questions

What people ask after a refusal.

Can Mahyar represent me in Federal Court?
No. This is an important and deliberate boundary: Federal Court judicial review is a formal legal proceeding, and representation there is restricted to lawyers licensed to practice law. As a Regulated Canadian Immigration Consultant, Mahyar can advise on whether judicial review may be worth pursuing, help prepare reconsideration requests, and refer you to qualified immigration counsel for the court process itself — but he cannot file or argue a judicial review application on your behalf. This distinction matters and is a regulatory requirement, not a preference.
What is the difference between reconsideration and judicial review?
A reconsideration request asks the same visa office to look again at its own decision — an administrative step, not a court filing. Judicial review asks the Federal Court to assess whether the decision itself was legally reasonable or procedurally fair, and it follows formal court procedure with strict deadlines.
How long do I have to request judicial review?
You have 15 days from the date you're notified of the refusal if the decision was made inside Canada, or 60 days if the decision was made outside Canada. Because the window is tight — especially the 15-day inside-Canada deadline — Mahyar's first priority after any refusal is confirming which deadline applies and, if judicial review may be appropriate, getting you to qualified counsel quickly rather than waiting.
Is reapplying always better than reconsideration?
Not always — it depends on why you were refused. If the refusal was based on missing or weak evidence, a stronger reapplication is often the more effective path. If it turned on a factual or procedural error in how the original file was assessed, reconsideration may be faster. Mahyar will assess which fits your situation.
Will a refusal hurt my chances in future applications?
A refusal on its own does not permanently bar future applications, but it must be disclosed and addressed directly in later filings — ignoring a past refusal or hoping it goes unnoticed is a common and avoidable mistake.
What information should I gather before contacting Mahyar about a refusal?
The full refusal letter, your original application (or as much of it as you have), and — if you have it — any procedural fairness letter IRCC sent beforehand. Mahyar can also help request the full case notes (GCMS notes) if you don't already have them.
Can a reconsideration request delay a Federal Court deadline?
No — filing a reconsideration request does not pause or extend the Federal Court filing deadline. This is one of the more consequential mistakes applicants make: pursuing reconsideration while the judicial review window quietly closes. Mahyar tracks both timelines from day one so you don't lose the option.
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Been refused? Get a clear read on your options.

Book a free assessment and Mahyar will review your refusal reasons honestly — including telling you directly if your case needs a lawyer rather than an RCIC.

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