It is very disappointing to know about a refusal on your Canadian visa application, whether it’s a work permit, study permit, or a permanent residency application. But not a lot of applicants are aware that they actually have a month to submit a Reconsideration Request to IRCC (Immigration, Refugees, and Citizenship Canada) asking them to reconsider their denial and request to revise their decision.
Following post will you give you an overview of the process.
It is basically a letter addressed to the IRCC officer who evaluated your case and gave the final decision and request him to reconsider his decision and issue a revised decision based on the reasons that he might not have considered. It is commonly submitted through the IRCC Web Form. It is accompanied by documentary evidence that supports your reasoning.
An officer may or may not agree to reconsider their decision. In fact, officers mostly do not prefer to issue revised decisions in cases when original decision was based on sound reasons. However, in certain scenarios, a Request for Reconsideration may be the quickest and easiest way to overcome a denial and get the immigration benefit you need. Formal appeals processes done through the Courts mostly take longer time as well as they are pocket draining.
If a denial decision was based on a factual or legal error on IRCC’s part, it is a great idea to file a request for reconsideration, and in such cases, IRCC will typically respond with a revised decision of approval.
As an example, we had a case where the authorized IRCC officer did not consider a crucial document which the client had provided before the deadline, and the officer issued a denial assuming that the document was missing from the applicant’s file. However, it appeared that the document had not yet been given to the officer well before time, presumably due to some internal coordination errors. The client chose to pursue a reconsideration request. We submitted with proof that the document was sent before the deadline set by IRCC, in the form of an e-mail receipt, and argued that this document should have been taken into consideration. As a result, the client was issued a revised decision, and his work permit was approved.
A request for reconsideration is a respectful request to the IRCC to use their discretionary powers to change a previously made decision. It is crucial to remember that in most cases (especially where no obvious errors were made by IRCC), there is no “right” to have a decision changed; the IRCC officer may or may not be persuaded to do so. Therefore, it is a good idea to have realistic expectations about the outcome of your Reconsideration Request.
On the other hand, the request for reconsideration does not have a format or requirement, so this is where a lawyer’s persuasive advocacy skills could tip the scales and convince an officer to change denial into an approval, even in cases where the IRCC had a strong reason to refuse.
In a nutshell, it is a very helpful tool to consider when faced with any refusal of application.
Make sure to consult with an experienced consultant who can assess the best strategy for your case. Also, keep in mind that previous results do not guarantee any similar outcomes.
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