If IRCC (Immigration, Refugees and Citizenship Canada) denies your visa, you can ask for a reconsideration. Here’s why and when you should consider doing so, and under which regulation they are required to assess it:
Why Make a Visitor Visa Reconsideration Request
1. If there were errors in the visa officer’s decision, you can request a reconsideration to correct them.
2. If you have new information or documents, submit them if they were not available at the time of the original application. They can support your reconsideration request.
3. If you think the visa officer misunderstood the information, a reconsideration request lets you clarify.
4. If you feel the decision was unfair or ignored relevant information, you can request a review. The review ensures procedural fairness.
When to Make a Visa Reconsideration Request
To submit a reconsideration request it all depends on Individual’s visa applications. If you don’t want to submit it yourself consider hiring a Immigration Consultant to make this process smooth and error free.
1. After the refusal, it’s best to request a reconsideration quickly. There is no formal time limit, but delays can negatively affect your request.
2. Before Filing a New Application: If you plan to reapply, ask for reconsideration first. This will address the issues that led to the refusal. This might improve your chances in the new application.
3. Before Legal Action: If you are considering legal action, like an appeal to the Federal Court of Canada, it can help to first request reconsideration. This can resolve the matter without litigation.
Regulation and Requirements for Visitor Visa Reconsideration
Reconsideration requests are judged by general administrative law and fairness. They are not tied to a specific rule. However, the Immigration and Refugee Protection Act (IRPA) and its Regulations (IRPR) influence all immigration decisions.
– IRPA Section 11: States that an officer must be satisfied that the foreign national is not inadmissible and meets the requirements of the Act. Procedural Fairness: The principles of fairness in procedures require making decisions fairly. They must also consider all relevant information.
How to Make a Reconsideration Request if your Application was refused
To ask for a reconsideration of a refusal of your immigration application, follow these steps.
Please note that always identify the reasons for refusal whether you made a mistake in your application for a visitor visa.
- Identify the Error or New Information: Identify the error in the decision or the new information you present.
- Write a Letter: Write a detailed letter explaining why you believe the decision should be reconsidered. Include your application number, personal details, and a clear explanation of the reasons for the request.
You can download our Sample Visitor Visa Reconsideration Letter from here.
- Attach Supporting Documents: Provide any additional documents or evidence that support your case.
- Submit the Request: Send the reconsideration request to the visa office using webform or the IRCC office that handled your application.
Follow these steps. They will ensure that your request is thorough. It will provide the visa officer with all the needed information to reassess your application.
