What is a Reconsideration Request?
A reconsideration request is where you, the applicant, or your legal representative reach out to immigration authorities. You argue that the decision on the refused application was wrong. The officer who made the decision may have missed some information or made a simple mistake.
If you are sure that, had this error been noticed or the missed information been considered, the decision would have been different, a reconsideration request is a good approach to try and reverse the negative outcome.
When Should You Consider a Reconsideration Request?
There might be times when a work permit application for one of your employees or for yourself, if you’re an individual, or a study permit application, or even a permanent residency application, gets refused. You may feel that the immigration officer who reviewed the file made a mistake. In such cases, a reconsideration request could be a good option to explore.
How to Make a Reconsideration Request Effective
To make your reconsideration request effective, you need to understand why the officer refused your application. It’s a good idea to first get the officer’s notes that explain their reasoning. These notes are not included in the refusal letter, which is usually a general response that doesn’t provide the real reasons for the refusal.
Once you have the officer’s notes, you will have a better idea of what led to their decision. This will help you decide if the officer made a mistake and if submitting a reconsideration request is the right move.
The Advantages of Submitting a Reconsideration Request
One major benefit of a reconsideration request is that it is much simpler than going through an appeal. An appeal usually involves a judicial review, which means going to court and making legal arguments. This can be more expensive and take a lot more time. On the other hand, a reconsideration request is just about gathering the facts, showing the officer’s mistake, and asking IRCC (Immigration, Refugees, and Citizenship Canada) to reconsider the decision.
Are Reconsideration Requests Always Effective?
Reconsideration requests are generally more straightforward and usually faster than appeals, but that isn’t always the case. There are no guarantees that immigration authorities will agree to review the decision. They might simply respond by saying, “We stand by our original decision.” In such situations, the refusal stays in place.
Conclusion
While a reconsideration request doesn’t promise that your refusal will be overturned, it gives you a chance to challenge a decision that may have been made by mistake. If you believe your application was wrongly refused, it could be worth considering this option.
