Has your Canadian Immigration Visa Been Refused?

Essential Strategies in overcoming visa refusals with lawyer Richard Kurland

What do I do when my Canadian immigration application has been refused? This is the question I get more than any other as an immigration lawyer. Well, after much contemplation, I decided I would answer this question once and for all by inviting one of the most well respected immigration lawyers in Canada, Richard Kurland, to join me on this Episode.

Whether you are a Canadian immigration lawyer, consultant or foreign national, this episode will reveal to you some of the best options available for challenging an immigration refusal….and a few unique suggestions offered by Richard Kurland that you likely never even considered.


As a kick off to Season 2 of the Canadian Immigration Podcast I pulled out all the stops to get one of the most well respected and skilled immigration lawyers in Canada to join me as we tackle the painful issue of how best to deal with the refusal of a Canadian immigration application.
kurland-2Richard is one of the foremost immigration policy analysts, lawyers and a go to resource for media, government, and pretty much all of us when it comes to Canadian immigration law.

As one of the highest ranking Access to Information and Privacy (ATIP) requesters, he is most often recognized for his efforts inkeeping Ottawa honest.” As the Editor-in-Chief of Lexbase, a monthly publication providing current immigration policy and practice information, he has made a business out of ensuring transparency within the immigration department. If you have not yet subscribed to his monthly Lexbase publications, you should not be practicing immigration law!

In this Episode, rather than focusing on immigration at a 10,000 foot level, Richard flipped the focus upside down and took the time to share some unbelievably valuable insight on how to deal with the sometimes devastating effects of a visa refusal.

In our interview, Richard covered the following strategies:

  1. Start with a consultation with an immigration lawyer to discuss what may have been missing from the original application.
  2. Consider refiling or requesting reconsideration of the original application.
  3. Seek help from the local Member of Parliament of Senator.
  4. Don’t overlook the importance of a Judicial Review in Federal Court.
  5. If in Canada, can you restore status?
  6. Go to the media!



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Read the Transcript

You can read additional notes for this episode, [spoiler]

CIP Show Notes: Season 2 – Episode 1

Richard Kurland – Policy Analyst and Lawyer

Today I am here with Canadian immigration lawyer Richard Kurland who will be addressing one of the most common enquiries I get on a daily basis, and likely many other immigration lawyers as well

What to do when you Canadian Immigration Application is refused.”

Welcome to the Podcast Richard.

Introduction of Richard.

Question: How did you get into Immigration?

Today we are going to discuss the options that are available to someone who has had their Canadian immigration application refused.

Question: you have a client who comes into your office and tells you that their immigration application has been refused? Can you share with us the steps you follow to find a solution for these individuals.

  1. Consult
  1. Reconsideration
  1. Re-apply
  1. Federal Court… worth it or not?
  1. MP
  1. Media

How Can you be reached if people who would like to retain you to help them with any immigration matter?

Richard’s contact: lexbase@canimmigrate.com 

Thank you so much for joining us.

Richard Kurland, Attorney

Membre du Barreau du Québec

Member of the Law Society of British Columbia

Media:   Commentator on immigration policy
CTV National News, CTV Newsnet, W5. investigative journalist teams, background on immigration matters, 1999 to present
CBC The National’, The Fifth Estate‘, CBC investigative journalist teams, background on immigration matters, 1998 to present
SRC Les Grands Nouvelles/Colombie Britannique1999 to present
Global TV, OMNI TVChannel MFairchild TVcontributor, 2005 to present
SUN TVcommentator and background on immigration matters, April 2011 to 2014
Foreign: Fox TV, The Neil Covuto Show’, ‘The O’Reilly Hour’ New Zealand TVConsultant to investigative journalist team, October 2002
The Globe and Mail: background on immigration matters, 2000 to present
The National Post: background on immigration matters, 2000 to present

Canwest and PostMediabackground on immigration matters, 2001 to present

The Vancouver Sun: background on immigration matters, 1999 to present

The Province: Columnist-2005; background on immigration matters, 1999 to present

Toronto Sunbackground on immigration matters, 1999 to present

Toronto Starbackground on immigration matters, 1999 to present
Ming Paobackground on immigration matters, 1995 to present
Sing Taobackground on immigration matters, 2004 to present

World Journalbackground on immigration matters, 2005 to present

Wall Street Journalbackground on immigration matters, 2014 to present
South China Morning Postbackground on immigration matters, 2014 to present
Bloombergbackground on immigration matters, 2014 to present

Radio and Film:

The Corus Radio Network: guest, 1999 to present
The Roy Green Show: guest, 2010 to present
The Rutherford Show: guest, 2003 to present
The Christie Clarke Show: guest, 2007 to 2011
CBC/SRC Radio Canada: guest, 2000 to present
Radio Canada International: guest, 2007 to present
National Film Board of Canadabackground on immigration matters, 1998-2002
The Canadian Bar Association – National Immigration and Citizenship Section
National Executive, Life Member2000 to present
Past National Chair: 1999-2000
National Chair: 1998-1999
National Vice-Chair: 1997-1998
National Treasurer: 1996-1997
National Secretary: 1995-1996
Canadian Bar Association, National and Regional Continuing Legal Education: 1994-2012 Vancouver, Banff, Kelowna, Calgary, Edmonton, Toronto, Ottawa, Montreal

L’Association Québécoise des Avocats et Avocates en Droit de l’Immigration: Conference Lecturer, “Future Directions of Immigration Law and Policy”, Montreal, October 2011

Continuing Legal Education Society of British Columbia: “Working Your Way into Canada”, September 2011 

IMEDAConference Lecturer, 2013 to present

Canadian Society of Immigration Consultants: Conference Lecturer, Vancouver, Calgary, Winnipeg, Toronto, Montreal
Canadian Migration Institute: National Conference: 2008-2011 Toronto
Continuing Legal Education Society of British Columbia: “Promoting Consent in Canadian Immigration Litigation”, December 2002 

Canadian Institute: Co-Chair, “Hiring Foreign Workers” Calgary, September 2007

University of British Columbia:  Immigration Program Instructor, 2007-2008
University of British Columbia/Seneca College: Immigration Program Instructor, 1997 to 2007
House of Commons, Standing Committee on Citizenship and Immigration, expert witness, 1994 to present
Senate of CanadaSocial Affairs Committeeexpert witness on immigration matters, 1994 to present

U.S. Department of Justiceregistered lobbyist for the Government of Zambia, 1998-1999 

Senate of Canada,  August-December 1995 (special case)
Barreau du Québec, Co-chair of the delegation of judges and lawyers to People’s Republic of China, 1993
Lexbase, Editor-in-Chief: 1989 to present. Lexbase is a monthly publication providing current immigration policy and practice information, with annotations of Federal Court of Canada decisions in immigration and citizenship cases rendered during the previous 30 days. Lexbase is received by Canadian immigration practitioners; Department of Citizenship and Immigration; Canada Border Services Agency; Provincial immigration authorities; Immigration and Refugee Board; Office of the Auditor General of Canada; Canadian media; and senior personnel at Canadian embassies.
House of Commons Standing Committee on Immigration and Citizenship:  Immigration Application Backlogs-Action Plan for Faster Immigration“, October 20, 2011
Barreau du Québec: Immigration Law and the Internet 1998 (Chapter only)
Carswell Legal Publications: Quebec Immigration, 1998 (Chapter only)
Carswell Legal Publications: Decisions Rendered by the Immigration Appeal Board (1988)
Corporate Securities Regulation Review: The Quebec Business Immigration Program (1984)

Community Work:
Canadian Jewish Congress (Pacific Region): Vice-Chair, 2003-2015 
Canadian Human Rights Foundation (Board of Directors)
: 1995-1997
L’AQAADI (Quebec Immigration Lawyers Association): Vice-President 1993-1995

American Immigration Lawyers Association: 1999-2014
Hobby: “Keeping Ottawa Honest

Access to Information requests – a top volume requestor in Canada, every year

Education:  McGill University, Montreal
Bachelor of Civil Law (LLB)
Bachelor of Common Law (BCL)
Bachelor of Arts (Political Science/Economics/Industrial Relations) (BA)
Copyright (c)2007 Kurland, Tobe & NISA.com


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