What is a Request for Reconsideration?

The first and foremost matter should know about the Request for Reconsideration is, it is not a formal procedure. A typical refusal letter’s recommendation about the Nest Steps looks like below:

(The above image is showing only the required excerpt of the refusal letter.)

If you take a look at the second point, they clearly mentioned to resubmit a new application. They did not recommend / advice to write letter for reconsideration, right? Despite of the proposed next steps, many of the legal advisors try the request for reconsideration route and sometimes it may bring you luck by saving some time (by not going through the entire application process) and money (by not paying the application fees again).  

A Request for Reconsideration is nothing but a letter addressed to the IRCC case officer who evaluated your case and gave the negative decision to your application. In this letter, basically, you are requesting them to re-consider their decision and come up with a revised (expecting to be positive) decision based on reasons that they:

·        may not have considered some facts fully / partially,

·        may have been incorrect about some facts fully / partially

·        may have not taken the big picture in to the consideration

·        may slip about some temporary public policy in effect.

·        may miss anything else which really deserve a break in this application

 

When to submit a Request for Reconsideration?

You should submit this at your earliest convenience whenever you are ready with your explanation/arguments and new evidence (as/if applicable).   

 

How to submit a Request for Reconsideration?

It is generally submitted via the Webform as prescribed by IRCC. However, if your refusal letter contains any specific email ID of IRCC, you can send the letter to that as well at the same time. The Request for Reconsideration letter does not have a fixed format or official requirements.

My personal tips:

My personal recommendations about the contents of the letter are the below:

·        Put a summary of everything (IMM forms, letters, evidences etc.) those you submitted before to ensure your application fulfilled the requirements of the application.

·        Put a summary of your / your client’s (if you are a representative) eligibility to be considered for this application.

·        Put all of your arguments against the denial decision and come up with all the explanation / arguments / evidence about why they should reconsider / reopen the case.   

·        Super important: Please be extremely careful about your tone in the letter. You must not sound like you are challenging their decision and/or trying to prove them wrong. Regardless of who they/you are and how strong arguments you come up with, it’s human instinct to fight back if someone hurts them physically / emotionally.   

An officer may or may not agree with proceeding to revise their decision. Sadly, officers usually do not prefer to issue revised decisions if the original decision was based on profound reasons. Still, in some cases, a Request for Reconsideration may be the quickest and the most convenient way to overcome a refusal and get the positive decision you expected.

Don’t be surprised if they officer simply gets back to you saying that they will not reconsider anything unless you submit a new application as they mentioned the “Next Steps” of the refusal letter. Don’t feel sad, as your Request for Reconsideration letter will be very helpful to prepare the new submission as eventually you will be attaching all the arguments /explanation/evidence to your new application.

Good Luck!!

Disclaimer: The above writing is not intended to be a source of legal advice. Please seek legal advice and use your own good judgement before choosing to act on any information provided above. If you choose to rely on this article, you do so entirely at your own risk.