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How to Ask IRCC to Reconsider a Refused Application

Rakhmad Sobirov Rakhmad Sobirov Managing Lawyer Last updated: 5 mins read

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Overview

If IRCC refused your application because of a clear mistake, you can ask the office that decided it to look at the file again. This guide explains when that is worth doing and how to do it properly. For every option after a refusal, start with our guide to immigration refusals.

Quick answer

A reconsideration request asks the same IRCC office to look at its decision again. It is free and has no fixed deadline, but IRCC does not have to reconsider or even reply. It does not stop the Federal Court deadline: 15 days if the decision was made in Canada, 60 days if it was made outside Canada.

Is It Worth It?

When reconsideration makes sense

Officers have discretion to reopen a decision. The Federal Court of Appeal confirmed this in Canada (MCI) v. Kurukkal, 2010 FCA 230. But it is a discretion, not a right. Requests work best when the error is obvious from the file itself.

Good candidates

  • A clear factual error

    The refusal states something your file contradicts: a wrong date, salary or employer, or a finding of “no ties” when your file shows a home, a business and family abroad.

  • A document IRCC overlooked

    You submitted it and your upload record shows it, but the refusal says it was missing.

  • A misread form

    The officer read the wrong field, confused two family members, or applied the wrong program requirement.

Poor candidates

  • Your evidence was weak. If the officer reasonably found you had not proved your case, fix the evidence and reapply instead.
  • The decision was unreasonable or unfair. That is a legal question for the Federal Court. See judicial review.
  • You want to add new documents. A reconsideration request is not the place to rebuild an application. A new application usually is.
Step by Step

How to submit a reconsideration request

  1. Get your GCMS notes first. The refusal letter is often a checklist. The officer’s actual reasons are in the case notes. See how to get your GCMS notes. If your court deadline is close, get advice before the notes arrive.
  2. Identify the specific error. “The officer was wrong” is not an error. “The officer said no bank statements were provided, but they are in the upload of March 3” is.
  3. Write a short letter. State what the officer missed and exactly where it is in the record. One or two pages is usually enough.
  4. Submit it through the IRCC Web Form. Quote your application number and UCI, and keep the acknowledgement of receipt you get back.
  5. Calendar the court deadline anyway. The leave deadline under IRPA s. 72(2)(b) runs from the day you learn of the decision. A pending request does not pause it.
Checklist

What to include in your letter

  • Your identifiers

    Full name, date of birth, UCI, application number and the date of the refusal letter.

  • The decision

    Which application, which office, and the refusal ground the officer relied on.

  • The specific error

    The officer’s finding, quoted or paraphrased from the refusal letter or GCMS notes.

  • Where the record shows otherwise

    Document name, page number or upload date for evidence already on file.

  • Your request

    That the officer reopen the file and reassess it on the complete record.

  • A professional tone

    Brief and factual. Precision persuades; frustration does not.

Every refusal is different. A letter that works for an overlooked document will not work for a credibility finding, so have the GCMS notes reviewed before you send anything.

After You Submit

What happens next

There are three possible outcomes. IRCC reopens the file and approves it or asks for more information. IRCC replies that it will not reconsider, and the refusal stands. Or IRCC does not reply at all.

Silence is common. IRCC has no obligation to respond, and you may receive nothing beyond the automated acknowledgement.

Do not let a pending request freeze your plans. Treat silence as a no once your court deadline approaches, and move to the next option: a stronger new application or, where the decision was unreasonable, judicial review.

FAQ

Frequently asked questions

Is there a deadline for reconsideration?

No fixed deadline applies to reconsideration requests. In practice, ask promptly: the longer you wait, the less likely an officer is to reopen the file. Judicial review does have a fixed deadline: 15 days if the decision was made in Canada, 60 days if it was made outside Canada.

Does it cost anything?

IRCC charges no fee for a reconsideration request, and the web form is free to use. Your only cost is professional help, if you use it.

Can I request reconsideration and file judicial review at the same time?

Yes. They are separate processes. Filing for leave protects your court deadline while IRCC considers the request. If IRCC reopens the file and approves it, the court application can be discontinued.

What if IRCC never replies?

Then the refusal stands. IRCC is not required to answer. Do not wait indefinitely: decide between a new application and judicial review, with the court deadline in view.

About the author

Rakhmad Sobirov
Rakhmad Sobirov

Rakhmad is the Managing Lawyer and co-founder of Sobirovs Law Firm, which he started in 2012. He is licensed to practise law in Ontario and works with entrepreneurs, investors and companies that want to start, buy or expand a business in Canada. Before founding the firm, he worked at a global organization, an international court in Europe, and law firms and legal departments in Canada and the UK. He holds law degrees from Canada, Hungary and Uzbekistan and works with clients in English, Russian, Turkish, Uzbek and Tajik.

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