Temporary residents: Refusals overview
This section contains policy, procedures and guidance used by Immigration, Refugees and Citizenship Canada staff. It is posted on the Department’s website as a courtesy to stakeholders.
If the applicant is found ineligible and the application will be refused, the refusal may be decided during either of the following times:
- after review of a written application with no in-person interview conducted with the applicant
- at the conclusion of an interview with the applicant
An applicant should never be asked to attend an interview if it is evident through a review of the paper application that the applicant is ineligible and additional information would not alter a refusal decision.
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Grounds for refusal
Applications may be refused in any of the following cases:
- The foreign national does not meet the obligations of the Immigration and Refugee Protection Act and its Regulations, including those listed under:
- The officer is not satisfied that the foreign national will leave by the end of the period authorized for their stay.
- Any grounds for inadmissibility according to the Act [subsections A34 to 42], that is grounds related to any of the following:
- human or international rights violations
- organized crime
- financial reasons
- non-compliance with the Act
- inadmissible family member
Note: The standard letter should not be used for refusals for misrepresentation [A40]. For refusals under A40, the Immigration Program Manager will use an A40 refusal letter which must include the information that the applicant is banned from entry into Canada for 5 years from the date of issuance of the A40 refusal letter.
See also Refusal at the port of entry.
Case notes in Global Case Management System
The officer should ensure that case notes in Global Case Management System (GCMS) are complete and accurate. The officer should do all of the following:
- outline the circumstances of the application
- outline the process followed in coming to or making the decision
- note the presence and identity of an interpreter, if applicable
- take into account any representations made by interested persons (or counsel) and make note of the nature and content of these representations
- detail the reasons for the refusal
Note: Refused applicants may seek redress from the Federal Court of Canada and the Canadian Human Rights Commission. If applicants choose this recourse, officers will have to provide their notes.
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