A reconsideration request is used to ask IRCC to reopen a
refusal decision. It is not an appeal, and it is not guaranteed. Because
reconsideration is generally discretionary, the request must be
carefully structured and focused on why it is reasonable for IRCC to review the
decision again.
Identifying Whether Reconsideration Is the Right
Strategy
Not every refusal is a good reconsideration case. A lawyer
can assess whether the refusal contains a clear error that supports
reconsideration, or whether the better option is a new application or judicial
review. This is important because weak reconsideration requests can waste time
and may not improve the applicant’s position.
Finding Reviewable Errors in the Refusal
Strong reconsideration requests usually highlight a specific
decision-making problem, such as:
● Key evidence was
overlooked or not addressed
● The reasons do not
match the documents on file
● The officer applied
the wrong legal test
● The decision
contains factual assumptions not supported by the record
● There was a procedural
fairness issue
A lawyer can connect the refusal reasons directly to the
evidence and show precisely where the error occurred.
Presenting the Request in a Persuasive Format
A reconsideration request should be concise and organized. A
lawyer can:
● Draft a clear
letter that tracks the refusal reasons point by point
● Attach targeted
supporting documents without overloading the file
● Present timelines,
tables, and summaries where helpful
● Ensure the
submission stays focused on the error, not re-arguing the entire case
Where appropriate, lawyers can also use case law to
support why the decision should be reconsidered, including the principle that
functus officio does not automatically prevent reconsideration of final
decisions, as confirmed in Canada (Citizenship and Immigration) v. Kurukkal,
2010 FCA 230.
Avoiding Common Mistakes
Many reconsideration requests fail because they submit new
documents to fix weaknesses rather than showing an error in the refusal
process. A lawyer can help ensure the request explains why the decision should
be reopened, rather than simply asking IRCC to change its mind.
A reconsideration request is most effective when it is
evidence-based and error-focused. Legal support can help identify the strongest
arguments, present them clearly, and improve the chances that IRCC will
exercise discretion to review the refusal decision.
Because reconsideration is discretionary, it is critical to
demonstrate a clear error in the original decision rather than simply
re-arguing the case. A lawyer can ensure your request directly addresses these
errors with clarity and supporting evidence.
For expert guidance in drafting a precise and legally sound
reconsideration request, A&M Canadian Immigration Law Corporation can assist every step of the way.
