Reconsideration and Refusals

Reconsideration Request

A Reconsideration Request allows an individual to request a review of an immigration decision. This request is typically submitted to Immigration, Refugees, and Citizenship Canada (IRCC) within 30 days of receiving a denial decision for various types of visa applications, such as work permits, study permits, or permanent residency applications. The purpose of the request is to ask the IRCC to reverse its denial and issue a revised decision of approval.

The reconsideration process provides an opportunity to address errors before pursuing formal appeal or judicial review options. It is important to note that a well-written and courteous request can increase the likelihood of a favorable decision. While there is no strict deadline for submitting a reconsideration request, it should be done promptly.

How do you apply for a reconsideration request?

Draft a submission package addressed to the relevant IRCC authority, asking them to reconsider their decision. The request should clearly outline the reasons for the reconsideration and be accompanied by any documentary evidence that supports your argument.

Submit your reconsideration request via email or the webform. There are no associated fees for submitting a reconsideration request.

It is important to note that the majority of reconsideration requests do not result in file reopening. If your file is reopened, the immigration authority will assess whether to approve your immigration application or uphold the refusal.

Refusal Appeals

In Canada, there isn’t a direct appeal process for a visitor visa refusal. Instead, you may request a judicial review by the Federal Court of Canada. This process involves asking the court to examine the decision made by the immigration officer to determine whether it was fair, reasonable, and made following the law. To initiate a judicial review, you must apply within 15 days of receiving the refusal if you’re in Canada, or 60 days if you’re outside of Canada.

Alternative Options

While a judicial review is one option, reapplying for a visitor visa may be another viable path. If you believe that you can address the issues raised in the refusal letter with additional documentation or a stronger application, reapplying could be a faster and less costly option than pursuing a judicial review. Reapplying allows you to present new evidence and correct any mistakes or omissions that may have contributed to the initial refusal.

When reapplying, it’s essential to address every concern outlined in the IRCC refusal letter. This might involve providing more detailed explanations of your travel plans, stronger evidence of ties to your home country, or clearer documentation of your financial situation. Our firm has the experience and resources to help you identify the weaknesses in your original application and strengthen your new submission. Our immigration lawyer is detail-oriented and conscientious, making sure that your reapplication addresses all the concerns raised by the immigration officer.