Reconsideration Requests in Canadian Immigration: What You Need to Know

Navigating Canadian immigration rules can feel overwhelming, especially after facing a refusal. A denied application can leave applicants discouraged, but in limited circumstances, a reconsideration request offers a pathway to have the decision reviewed. While this process is not guaranteed, it allows applicants to ask an officer to reassess the decision if there was a legal or factual error, or if relevant evidence was overlooked.

Understanding how reconsideration requests work—and the factors that influence them— with the guidance of an immigration lawyer for reconsideration requests can help applicants make informed decisions about whether this option is appropriate.

Can a Reconsideration Request Reverse a Decision?

A reconsideration request for a denied application is an informal mechanism where an Applicant asks the same visa officer, or their office, to review the refusal. Immigration, Refugees and Citizenship Canada (IRCC) has discretion to accept or refuse to reopen the case.

Reconsideration is different from other remedies:

• It is not an appeal. Most immigration decisions cannot be appealed to the Immigration Appeal Division (IAD). Appeals are generally only available for specific matters such as sponsorship refusals for family class applications.
• It is not a reapplication. A reconsideration does not allow you to submit a new application package; it is limited to correcting errors in the original decision.
• It is not a judicial review. If reconsideration is denied or unavailable, Applicants may apply to the Federal Court of Canada for judicial review, provided they meet the strict deadlines.

If pursuing reconsideration, the request should be made promptly after refusal, depending on the type of application and circumstances.

Factors That Influence the Chances of Success

The outcome for a reconsideration request depends on several factors:

• Error in Law, Policy, or Fact: If the refusal was based on a misapplication of the law or policy, or if there was a factual mistake, there may be stronger grounds for reconsideration.
• Overlooked Evidence: If relevant evidence was not considered, it may strengthen the request.
• Timeliness of the Request: Acting quickly is crucial. Delays may reduce the credibility of the request and increase the risk that IRCC refuses to reopen the file.
• Nature of the Refusal: Errors in straightforward cases are more likely to be corrected. Where decisions are based on officer discretion (e.g., credibility or subjective assessment), the chances of reversal are often lower.
• Officer’s Discretion: Even with strong arguments, the final decision rests with the officer. There is no obligation for IRCC to grant reconsideration.

Why Work with an Immigration Lawyer for Reconsideration Requests

Because reconsideration requests are discretionary, a well-structured submission can make a difference. An experienced Canadian  immigration lawyer for reconsideration requests can:

• Assess whether reconsideration is a viable remedy, or whether judicial review is more appropriate.
• Identify errors in law, policy, or fact that support the request.
• Draft a clear and persuasive letter outlining grounds for reconsideration.
• Organize and submit supporting documentation in a way that strengthens the application.
• Ensure that statutory deadlines for judicial review are not missed if reconsideration is unsuccessful.

While legal representation does not guarantee success, it helps ensure that the strongest possible case is presented.

Improving Your Odds for a Successful Reconsideration Request to IRCC

A well-prepared reconsideration request to IRCC can be a useful remedy when an immigration decision may have been made in error. However, it is discretionary, and success depends on multiple factors, including the nature of the refusal, the supporting evidence, and how quickly the request is made. If reconsideration is denied or not pursued, other legal remedies—such as judicial review at the Federal Court—may be available.

If you are considering a reconsideration request, the Law Office of Tià Sherene McCalla can assist you in reviewing your case and discussing your options.

​​Contact us today to schedule a consultation and discuss your situation.