Reconsideration Request
What is a Reconsideration Request?
A reconsideration request with Immigration, Refugees and Citizenship Canada (IRCC) is a formal process in which an applicant asks IRCC to re-evaluate their previously declined application. This option is available for both temporary visas (such as visitor visas, study permits, or work permits) and permanent residency. In this process, the applicant must provide evidence that the original decision was incorrect or that there were new and relevant information or circumstances that were not considered during the initial assessment.
The reconsideration request must be submitted in writing and must clearly explain the reasons why the applicant believes that the original decision was incorrect. It is important to ensure that all relevant supporting documentation is included with the request, as this will help IRCC make a more informed decision.
Should You Submit a Reconsideration Request?
A rejected visa application can have significant consequences for your immigration journey, making it difficult to immigrate to Canada or another country. If you have recently had your immigration application refused by Immigration, Refugees and Citizenship Canada (IRCC), you may have the option of submitting a reconsideration request in an effort to have your application approved.
Our expert immigration lawyers are equipped to assist you in crafting a comprehensive legal plan to address your rejected application and effectively represent you throughout the reconsideration process.
How to Prepare a Reconsideration Request
The initial step involves collating and organizing all the documents previously submitted to the visa office. This comprehensive compilation aids in gaining a thorough understanding of the information presented to the visa officer and facilitates the identification of any potential errors. If a representative assisted in preparing the documents, it is advisable to request a duplicate set for your records.
Subsequently, the second step entails retrieving the visa officer's notes by submitting an Access to Information and Privacy (ATIP) request. These notes may offer additional insights into the grounds for the refusal. However, it's important to acknowledge that the information contained in the visa officer's notes might be limited in certain instances. The ATIP request process typically spans 30 to 90 days. In situations where a swift decision is imperative, proceeding with the reconsideration request without awaiting the visa officer's notes may be necessary.
Moving on to the third step, it involves composing and submitting your reconsideration request. This written submission should encompass any identified legal errors, supplemental evidence or new information, the desired outcome, and any compelling reasons supporting the request.
It's crucial to be aware that when submitting a reconsideration request, confirmation of receipt is unlikely. Visa guidelines stipulate that officers are not obliged to acknowledge the receipt or consideration of additional information following a refusal. Consequently, there might be no acknowledgment or confirmation upon the submission of a reconsideration request.
It's imperative to exercise discretion in opting for reconsideration, as this avenue is only viable if there are valid grounds for it. Blindly submitting a reconsideration request following a denial is not advisable. Seeking the guidance of an immigration lawyer is beneficial for identifying potential errors and advocating for the reconsideration and approval of your application.
If the Immigration, Refugees and Citizenship Canada (IRCC) decides to approve the reconsideration request, the applicant's initial application will be granted. Conversely, if the request is denied, alternative legal options become available. These options include appealing the matter to the Immigration Appeal Division of the Immigration and Refugee Board of Canada or filing an application for judicial review at the Federal Court of Canada. It is crucial to note that these avenues are intricate, with formal rules and deadlines that must be adhered to.
Examples of when to consider a reconsideration request
1. If your application was denied due to lack of funds, despite the inclusion of numerous bank statements that demonstrate sufficient financial resources in the original application.
2. If your application was denied due to failure to provide additional documents as requested by IRCC, it is important to verify that your contact information, including your address, is up to date and accurate. If your information is current and the immigration officer erred by failing to send a letter or email requesting additional information, there may be a chance for the application to be reopened and reevaluated.
Reconsideration, new application or Judicial Review?
If your application has been legitimately declined, meaning there are no legal errors in the immigration officer's decision, it might be more prudent to submit a fresh application instead of pursuing a reconsideration request. In addressing the grounds for refusal, ensure you furnish additional evidence and a detailed letter of explanation. For instance, if the refusal stems from a perceived lack of intention to depart Canada, bolster your case with additional proof of strong ties to your home country, such as property ownership, business holdings, prospective employment, and the presence of family members there. The specific supplementary information required will depend on the reasons for refusal, individual circumstances, and the notes provided by the visa officer.
Simultaneously, one can explore both reconsideration and judicial review processes. Reconsideration provides an opportunity for a reassessment of the immigration decision, but there is no formal obligation for a prompt decision. On the other hand, a judicial review is a legal avenue where one must demonstrate that the decision was either incorrect or unreasonable. It is crucial to note that a judicial review is a last resort and should only be pursued once all other avenues have been exhausted. The Federal Court only considers final decisions, and the initial application serves as the foundation for the review. In most cases, presenting new evidence is not permissible during a judicial review. Consequently, if the initial application was weak or incomplete, it may be more suitable to reapply with a more robust application. It's important to understand that a judicial review is not an opportunity to submit additional documents, and its appropriateness depends on the circumstances surrounding the original application.
HOW CAN OUR FIRM ASSIST YOU WITH A RECONSIDERATION REQUEST
Our team at The Law Office of Tià Sherene McCalla has the expertise and experience to prepare a persuasive reconsideration request on your behalf. We will assess your case thoroughly and craft a well-reasoned request to present to the immigration officers.
We will guide you through each step of the reconsideration process, ensuring that your request is submitted correctly and advocating for your case effectively. Our goal is to help you overcome the refusal and secure a positive outcome for your immigration application.
If your immigration application has been refused, don't lose hope. Contact our firm today to discuss how we can assist you with a reconsideration request. Let us help you navigate this challenging process and work towards achieving your immigration goals.