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We help you navigate best available remedy options when your immigration application is delayed, refused, or run into challenges that require legal intervention.
What is Request for Reconsideration?
A request for reconsideration is an informal request that can be submitted to the decision maker of a refused application after the refusal decision is received. It is an opportunity for an applicant to either point out a mistake or oversight committed by the decision maker, or advise the decision maker of the new evidence which was not available at the time when the refusal was made.
The authority to request reconsideration, and have your request considered by a visa officer or the decision maker comes from the case Kurukkal v. Canada (MCI) 2010 FCA 230.We help our clients submit requests for reconsideration by reviewing previous submissions on file, procedural fairness letters (if any), and working with our clients to put forth the right affidavits, supporting evidence, and legal submissions to try and seek positive discretion to have a decision overturned. Whether it was administrative oversight, a mistake in fact or law, or a major change in circumstance – these are factors we help highlight in your reconsideration requests.
What is Procedural Fairness?
Procedural fairness means acting fairly in administrative decision-making. It relates to the fairness of the procedure by which a decision is made, and not the fairness in a substantive sense of that decision.
A person may seek judicial review of an administrative decision on the basis that procedural fairness has not been observed.
A procedural fairness letter is an email or letter electronically sent by an immigration officer, to notify the applicant of a concern and allow the applicant to respond. The officer typically gives a specific amount of time to reply, such as seven days or 30 days. A comprehensive response – which includes the relevant law/policies, case precedents, and facts corroborated by evidence – is essential to decrease the chance of refusal or increase the chance of success when challenging a refusal at the Federal Court.
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