Reconsideration Requests

A reconsideration request asks IRCC to review a decision it has already made and consider reopening the application. It is different from submitting a new application and is not a formal appeal process.

Reconsideration may be worth assessing where there is a credible concern that an important fact or document was overlooked, the decision contains a material factual or administrative error, or the application may not have been assessed in accordance with procedural fairness. IRCC recognizes reconsideration as one possible form of recourse following certain refusals, alongside reapplication and, where applicable, judicial review.

Anka Canada Immigration Consulting assists applicants with reviewing refused immigration applications, assessing whether reconsideration may be appropriate and preparing reconsideration submissions where there is a reasonable basis to request that IRCC revisit the decision.

Services are provided by Volkan Sacilik, RCIC-IRB, CICC Licence No. R1042981.

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When May Reconsideration Be Appropriate?

A refusal alone is not normally enough to justify reconsideration. The request should identify a meaningful issue with the original decision.

Depending on the case, reconsideration may be considered where:

• important evidence already submitted was apparently overlooked;

• the decision appears to rely on an incorrect material fact;

• the reasons are inconsistent with information contained in the application;

• there appears to have been an administrative or processing error;

• a procedural fairness concern affected the decision;

• another significant issue suggests the application should be reopened and reviewed.

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Reconsideration Is Not a New Application

A reconsideration request generally focuses on why the previous decision should be revisited.

A reapplication, by contrast, allows the applicant to submit a new application with updated circumstances, additional evidence or a different presentation of the case.

For example, where the original decision was reasonable based on the evidence that was actually submitted, but the applicant now has stronger financial documents, a new employment situation or other significant new evidence, reapplication may be more appropriate than reconsideration.

Learn more: Refused Application Assessment →

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What Should Be Reviewed Before Requesting Reconsideration?

Before preparing a reconsideration request, it is important to review the complete decision in context.

This may include:

• the refusal letter;

• available officer decision notes;

• the original forms and supporting documents;

• letters of explanation or representative submissions;

• the specific evidence relevant to the refusal;

• previous immigration applications where consistency is relevant.

IRCC now provides officer decision notes automatically with most temporary residence refusals and most permanent residence refusals, although some application types are excluded. These notes can provide useful information when assessing whether reconsideration has a reasonable basis.

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Does IRCC Have to Reconsider the Decision?

No.

A reconsideration request is discretionary. Asking IRCC to reopen a file does not create an automatic right to a new decision, and IRCC may decide that reconsideration is not warranted.

For this reason, a reconsideration request should normally identify a specific and supportable reason for reopening the decision rather than simply arguing that the applicant disagrees with the outcome.

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Reconsideration and Judicial Review Are Different

A reconsideration request is made to the immigration decision-maker or IRCC.

A judicial review is a separate Federal Court process used to challenge an immigration decision on legal or procedural grounds. Under IRPA, Federal Court filing deadlines can be as short as 15 days for matters arising in Canada or 60 days for matters arising outside Canada.

A reconsideration request should therefore not be assumed to stop or preserve a Federal Court deadline.

Where judicial review may need to be considered, applicants should obtain appropriate legal advice promptly. Federal Court representation is a separate legal service from an immigration reconsideration request.

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Common Problems With Reconsideration Requests

A request may be weak where:

• it only repeats arguments already considered by the officer;

• it is based mainly on disagreement with the outcome;

• the alleged error is not supported by the original application record;

• new evidence is being used to correct a weakness that existed in the original application;

• the applicant does not clearly identify what IRCC is being asked to reconsider;

• reconsideration is pursued when a new application would more directly address the problem.

The first question should therefore be whether reconsideration is actually the right remedy for the refusal, rather than simply whether a request can be submitted.

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How Anka Canada Immigration Consulting Can Assist

Anka can review the refusal reasons, officer decision notes and original application to assess whether there is a reasonable basis for a reconsideration request.

Where reconsideration is appropriate, we can prepare written submissions identifying the relevant factual, documentary or procedural issue and explaining why the application should be reopened and reviewed.

Where reconsideration does not appear to be the stronger option, the assessment can instead identify whether reapplication or another available process should be considered.

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Important Information

Reconsideration is discretionary and is not available as a guaranteed remedy following every immigration refusal. The appropriate response depends on the original decision, the application record and any applicable deadlines.

This page provides general information only and does not guarantee that IRCC will reopen an application or change a previous decision.