After an OINP refusal, the first step is usually an internal review under section 34 of the Ontario Immigration Act, 2015, which you must request in writing within 30 days of receiving the notice of decision. If the internal review fails, the next step is an application for judicial review to the Divisional Court of the Ontario Superior Court of Justice, not the Federal Court. That application must normally be started within 30 days of the decision under the Judicial Review Procedure Act.
This article is for applicants and Ontario employers whose nomination or position approval was refused or cancelled. It draws on a CILA 2025 presentation by Peter Salerno of Green and Spiegel LLP on judicial review at the Divisional Court, checked against the current Act, O. Reg. 421/17, O. Reg. 422/17 (current version in force from June 25, 2026), the Judicial Review Procedure Act and ontario.ca. For the application stage itself, see our guide to OINP invitation deadlines and nomination.
Key Takeaways
- Before refusing, OINP must send a notice of intent to refuse with reasons and give you 30 days to respond in writing (O. Reg. 421/17, s. 5(8)). This is often the best chance to fix the file.
- An internal review (what many people call “OINP reconsideration”) must be requested within 30 days after you receive the decision, through the OINP e-Filing Portal (Act, s. 34(2); ontario.ca).
- The review is narrow: you must identify an error that changed the outcome, and new evidence is not allowed unless it was not reasonably available before the decision (O. Reg. 421/17, s. 10).
- The internal review decision is final under the Act (s. 34(13)). The remaining remedy is judicial review in the Divisional Court, started within 30 days (JRPA, ss. 5(1) and 6(1)).
- If IRCC later refuses the permanent residence application based on a nomination, that federal decision goes to the Federal Court instead.
What happens before an OINP refusal?
OINP cannot refuse a complete application without warning. Under O. Reg. 421/17, s. 5(8), the director must first send a written notice of intent to refuse that states the reasons and says you may respond in writing within 30 days of receiving it. The director must then consider your response and any relevant information that existed before the notice (s. 5(9)).
Treat this letter as the most important document in the file. The later internal review does not accept evidence that was available earlier, so the explanation, missing document or employer letter belongs in this response.
Under O. Reg. 421/17, s. 9, a notice sent by email is deemed received on the first business day after it was sent, and by regular mail on the fifth business day after mailing, unless you show you did not receive it, in good faith, for reasons beyond your control.
How do you request an OINP internal review after a refusal?
You request an OINP internal review by filing the online Notice of Request form in the OINP e-Filing Portal within 30 calendar days of receiving the notice of decision. ontario.ca says requests from individual applicants and their authorized representatives must be filed through the portal. Email, mail, fax and in-person requests are not accepted.
In the portal, use the “Internal Review (IR)” button under the “Action” column. Section 34(3) of the Act lets the director extend the time, but do not plan around an extension.
Who can ask for an internal review?
Section 20 of the Act gives the right to:
- an applicant whose application was refused, or who was approved but is dissatisfied with the conditions or restrictions attached;
- a holder of an approval that the director cancels, subject to an exception where a foreign national’s approval falls only because a linked approval (such as the employer’s) was cancelled and that other holder did not seek review, or lost it; and
- a person or body subject to a ban under s. 19(1).
Under s. 18(1)(c), a worker’s nomination can be cancelled if the employer asks OINP in writing, or if the employer’s own approval is cancelled. An employer facing cancellation should act on its own review rights quickly, because the worker’s file may depend on it.
What can an OINP internal review consider?
An OINP internal review considers only the error you identify and the evidence you are allowed to include. Under O. Reg. 421/17, s. 10(1), your request must identify an error in the decision that, if not made, would have led to a different result, and must not include evidence that was not before the decision-maker unless it was not reasonably available at that time.
Section 10(2) then limits the reviewer to those two things. In practice that means:
- Good grounds: the officer misread a document you filed, applied the wrong criterion under O. Reg. 422/17, ignored evidence that was in the file, or did not deal with your response to the notice of intent.
- Weak grounds: a new reference letter you could have obtained earlier, a language test taken after the decision, or a new job offer.
The reviewer is a different public servant from the original decision-maker (Act, s. 34(7)), decides on written submissions without a hearing (s. 34(8); O. Reg. 422/17, s. 18), and may confirm, revoke or vary the decision (s. 34(10)).
Does an internal review stop the refusal or cancellation?
Usually not for the worker. Section 34(6) stays the decision during review, except where the requester is a foreign national whose approval was cancelled or who is not a permanent resident. In practice the stay mainly helps employers, not nominees.
Can you take an OINP refusal to court?
Yes. The internal review decision is “final” under s. 34(13), but that does not stop a court from reviewing it. Under s. 6(1) of the Judicial Review Procedure Act, an application for judicial review is made to the Divisional Court. Section 5(1) requires it to be made no later than 30 days after the date the decision was made, unless another Act provides otherwise. The court may extend the time under s. 5(2) if there are apparent grounds for relief and no substantial prejudice or hardship results from the delay.
Mr. Salerno’s presentation placed the OINP refusal, the notice of intent to cancel and the internal review as the steps that come before judicial review. In general, courts expect an applicant to use an adequate internal remedy before going to court, so most OINP judicial reviews will challenge the internal review decision.
How does judicial review at the Divisional Court work?
The Divisional Court’s Guide to Judicial Review and the presentation describe these steps:
- Notice of Application for Judicial Review (Form 68A). It sets out the remedy sought, the grounds of review and the evidence relied on, which is usually limited to what was before the decision-maker. Proof of service is filed with an Affidavit of Service (Form 16B).
- Service. The Attorney General of Ontario must be served (JRPA, s. 9(4)), along with the decision-maker.
- Timetable. The presentation pointed to Part E of the Consolidated Practice Direction for Divisional Court Proceedings for setting timelines.
- Record of proceedings. Once served, the decision-maker must file the record of the proceedings in which the decision was made (JRPA, s. 10).
- Application record, factum and hearing. The presentation described a half-day hearing before a panel at Osgoode Hall, with an oral compendium and materials uploaded through Case Center.
Filing the application does not suspend the decision. A separate stay motion is needed. If you win, the usual result is that the court sends the matter back for a new decision. It does not grant the nomination itself.
The presentation listed three Divisional Court decisions on OINP matters: Wang v. The Ministry of Citizenship and Immigration of Ontario, 2020 ONSC 6058; Dalwadi v. Minister of Labour, Immigration, Training and Skills Development, 2023 ONSC 1759; and Zhu v. Ontario (Minister of Labour, Immigration, Training and Skills Development), 2025 ONSC 1284. Read them for how the court has approached OINP decisions before relying on any of them.
Divisional Court or Federal Court: which one applies?
The two courts review different decisions. OINP refusals, cancellations and internal review decisions are made by Ontario under Ontario law, so they go to the Divisional Court. If you were nominated and IRCC later refuses the permanent residence application, that is a federal decision under the Immigration and Refugee Protection Act, and it goes to the Federal Court through an application for leave and for judicial review. Our guide on challenging an immigration refusal in Federal Court covers that route.
Costs also differ, as the presentation flagged. In the Federal Court, Rule 22 of the Federal Courts Citizenship, Immigration and Refugee Protection Rules bars costs in immigration judicial reviews absent special reasons. In the Divisional Court, a losing party may be ordered to pay costs.
Does a refusal under a closed stream still matter?
Yes. Since June 25, 2026, O. Reg. 422/17 lists only three categories (Ontario workforce priority TEER 0-3, TEER 4-5 and self-employed physician), and the older streams are closed to new applications. A successful challenge sends an older-stream file back for a new decision; it does not reopen the stream. Our comparison of TEER 0-3 and TEER 4-5 requirements explains the current criteria, and employers should review the 2026 OINP employer requirements before reapplying.
Frequently Asked Questions
How long do I have to ask for an OINP internal review?
30 calendar days after you receive the notice of decision. An emailed notice is deemed received on the first business day after it was sent.
Can I send new documents with my OINP reconsideration request?
Only if they were not reasonably available before the decision was made. Otherwise the reviewer will not consider them.
Is the OINP internal review decision really final?
It is final within OINP. You can still apply for judicial review in the Divisional Court within 30 days.
Do I go to the Federal Court to challenge an OINP refusal?
No. OINP decisions go to the Ontario Divisional Court. The Federal Court reviews IRCC’s decision on the permanent residence application.
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Disclaimer: This article is for general information only and is not legal advice. Immigration law and IRCC/ESDC policy change frequently, and every case turns on its own facts. Reading this article does not create a lawyer–client relationship. Obtain advice tailored to your situation before you act.
Talk to a Canadian immigration lawyer. BridgePoint Law advises individuals and businesses across Canada — and on Canada–US–China cross-border matters — on Ontario PNP refusals and judicial review. Book a consultation with our team in Toronto and Kingston. We work in English, Mandarin, and Cantonese.