Request for an administrative review
 
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Request for an administrative review

If you disagree with the Ministère’s decision, you can submit a request for an administrative review in the following cases:

  • Refusal of an application for temporary selection of a foreign national under the Foreign Student Program Refusal of an application for temporary selection of a foreign national under the Temporary Stay for Medical Treatment Program
  • Refusal of an undertaking application by a non-profit organization for a foreign national in the humanitarian immigration category under the Program for Refugees Abroad (Collective Sponsorship)
  • Refusal of an application for validation of a job offer under the Regular Skilled Worker Program
  • Refusal of an application for permanent selection of a foreign national in the economic immigration category under one of the following programs:
    • Regular Skilled Worker Program
    • Investor Program
    • Self-Employed Worker Program
    • Entrepreneur Program
    • Programme de l’expérience québécoise (Québec experience program)
  • Rejection under paragraphs 1 to 4 of Section 57 of the Act Respecting Immigration to Québec

Notwithstanding the above, the rejection or refusal of a request based on the condition or criterion related to spoken French cannot serve as the basis for an administrative review.

For a review, you must make your request in writing using the appropriate form Demande de réexamen A-5000-F0 (in French only - PDF, 698 kB). You must specify the contested decision, provide the reason why you are requesting a review as well as the outcome you are seeking, and enclose all documents you deem relevant to support your request for a review. Note that only the elements relevant to a fact that existed at the time of the initial decision rendered can be considered.

Do not send original copies of documents, unless indicated otherwise, as the documents submitted will not be returned.

The request for review must be dated and signed, and include a photocopy of the decision to refuse or reject your application as well as the documents supporting your request for a review.

The request for review must be received by the Ministère within a maximum of 90 calendar days of the date of the contested decision. This timeframe starts the day after this decision was sent and ends on the 90th day following the send date. If the 90th day coincides with a non-working day in Québec, the timeframe will be extended to the next working day.  Any document sent after this timeframe will not be reviewed by the Service de réexamen administratif. Note that only the Ministère’s seal serves as proof of date of receipt of your request.

However, a request submitted outside this timeframe may be deemed receivable if you justify why you were late in responding and demonstrate that it was not possible to act earlier.

Your request must be sent by regular mail to the following address:

Service de réexamen administratif
Ministère de l’Immigration, de la Diversité et de l’Inclusion
285, rue Notre-Dame Ouest, 4e étage
Montréal (Québec)  H2Y 1T8
CANADA

We do not accept any requests by fax, phone or e-mail.

An acknowledgement of receipt will be sent to you within 30 days of the date of receipt of your request by the Service de réexamen administratif, on condition that it is complete and respects the requirements described above. Otherwise, you will receive a letter specifying the reasons for the refusal to process your request.

Processing times

Processing times for requests for an administrative review vary depending on the program, volume and complexity of the requests.

Category Processing times
Skilled workers

Requests received in October 2018 are processed on October 15, 2018.

Entrepreneurs Requests received in October 2018 are processed on October 15, 2018.
Investors Requests received in October 2018 are processed on October 15, 2018.
Foreign students Requests received in October 2018 are processed on October 15, 2018.
Refugees abroad Requests received in October 2018 are processed on October 15, 2018.

 

Note: Processing times for requests for administrative review are updated quarterly.

 

  IMPORTANT  

You cannot submit a request for administrative review if:

  • You received a letter from us informing you that the Ministère:
    • refused the undertaking application submitted by a natural person for a foreign national.
    • refused the application for selection under one of the following programs:
      • Program for Refugees Abroad;
      • Program for Persons Selected on the Basis of Humanitarian Considerations.
    • refused the application for temporary selection of a foreign national under the Temporary Foreign Worker Program.
    • refused review of an application under Section 56 of the Act Respecting Immigration to Québec.
    • refused, suspended, did not renew or revoked recognition of a person as an immigration consultant.
    • annulled the temporary or permanent selection decision of a foreign national.
    • annulled an undertaking application for a foreign national under the Program for Refugees Abroad (Collective Sponsorship).
    • annulled the undertaking application submitted by a natural person for a foreign national.
    • negatively evaluated the impact of the job offer on the job market.
    • imposed a monetary administrative sanction under paragraph 3 of Section 31 or Sections 101 and 102 of the Act Respecting Immigration to Québec.
    • made a decision for a reason of public interest by virtue of Sections 37, 38, 49 or 65 of the Act Respecting Immigration to Québec.
  • the timeframe of 90 calendar days indicated in the letter of intent to refuse that you received from the Ministère has expired.
 
     
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Last modification : 2018-11-15
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