The goal of this blog is to provide information for individuals to successfully prepare their own reconsideration request. This blog is part of an upcoming series on immigration applications that have been refused, and what to do next.
A reconsideration is a request to a visa officer to reconsider a refused immigration application. An individual may choose to submit a reconsideration for a rejected immigration application if they believe the visa officer made a mistake. Reconsideration can be made for temporary status (i.e. visitor visa, study permit, work permit), or for permanent residency.
There are no rules or fees to request a reconsideration. A reconsideration request is less complicated and less costly to prepare compared to other options. The visa officer has a high level of discretion in deciding your reconsideration and, in most cases, there is a low likelihood of success. They also have discretion in the processing times. However, if your request for reconsideration is accepted, your immigration application may be approved.
A reconsideration is one of many legal options to overcome a refusal. A reconsideration request can be submitted in addition to and in parallel to other legal avenues. In some cases, you may be able to appeal to the Immigration Appeal Division of the Immigration and Refugee Board of Canada, or make an application for a judicial review at the Federal Court of Canada. Appeals and judicial reviews can be complicated. There are formal rules and deadlines that need to be respected.
You should act quickly and speak with a lawyer to preserve your right to an appeal or judicial review. You need to file an application for leave and for judicial review at the Federal Court within 15 days if in Canada, or 60 days if outside Canada from the date of notification of the decision. An extension of time can be requested in some cases.
You need to file an appeal at the Immigration Appeal Division within 30 days of a decision for a spousal sponsorship and admissibility hearing, and 60 days of decision regarding your residency obligation. There is no deadline for submitting a request for reconsideration, but it should be submitted in a timely manner.
An immigration lawyer can help you develop a successful legal strategy to overcome the refusal. Immigration consultants cannot provide legal advice or file a judicial review on your behalf. In limited cases, you may also be able to apply to restore your legal status.
If you have a delayed immigration application, you may be able to make an application for a writ of mandamus.
If the refusal was appropriate and your reconsideration is not justified (i.e. no errors by the visa officer), you may want to consider submitting a new application instead of a reconsideration. In your new application, you should address the reasons for refusal with additional documents and a letter of explanation. For example, if your immigration application was refused since you did not demonstrate that you would leave Canada at the end of your stay, the new application should clearly demonstrate how you will leave Canada at the end of your stay. In this case, you may want to provide more evidence to demonstrate strong ties to your country of origin, such as the ownership of property, ownership of a business, future employment, immediate family members in your country of origin, and other any other reason why you would leave Canada. The additional information that you provide in your new application will vary greatly based on the reasons for refusal, your personal circumstances and the visa notes (if obtained).
You can pursue a reconsideration and judicial review at the same time. The reconsideration will provide an opportunity for the immigration officer to reconsider their decision, reopen your file and continue the processing of your application. However, they have a high level of discretion and they do not have any formal obligation to make a decision on the reconsideration request. As noted above, a judicial review is a formal legal proceeding. Depending on your case, you will have to demonstrate that the decision was unreasonable or incorrect.
Scenario 1 – The application was refused for lack of funds. However, there were numerous bank statements in the original application to demonstrate sufficient funds. If this was overlooked and not considered by the visa officer, the application may be reopened and reconsidered. Scenario 2 – The application was refused for failing to provide additional documents, as requested by IRCC. However, you never received any letter or email from IRCC. Before submitting your request, make sure that your address and contact information is up to date and accurate. If your information is up-to-date and the visa officer erred by never sending you the letter, the application may be reopened and reconsidered.
