{"id":9714,"date":"2021-06-09T08:53:00","date_gmt":"2021-06-09T15:53:00","guid":{"rendered":"https:\/\/heronlaw.ca\/revealing-more-about-reconsideration-what-our-latest-obtained-unreleased-ircc-training-guides-manuals-tell-us\/"},"modified":"2021-06-09T08:53:00","modified_gmt":"2021-06-09T15:53:00","slug":"revealing-more-about-reconsideration-what-our-latest-obtained-unreleased-ircc-training-guides-manuals-tell-us","status":"publish","type":"post","link":"https:\/\/heronlaw.ca\/zh-hans\/revealing-more-about-reconsideration-what-our-latest-obtained-unreleased-ircc-training-guides-manuals-tell-us\/","title":{"rendered":"Revealing More About Reconsideration: What Our Latest Obtained Unreleased IRCC Training Guides\/Manuals Tell Us"},"content":{"rendered":"\t\t
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One of the most underappreciated and underutilized remedies in Canadian immigration is that of the\u00a0reconsideration request.<\/strong><\/p>\n

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I do not blame advisors or applicants for this one. This is a general veil on what this remedy entails \u2013 especially as the existing policy guidance and materials are not presented as general instructions, rather specific to application types (Humanitarian and Compassionate Grounds<\/a>\u00a0and\u00a0Family Class<\/a>). Finding the right information on IRCC\u2019s website is a bit of a treasure hunt.<\/p>\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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A. What We Know To-Date<\/h2>\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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We know that a reconsideration request is a written request to an officer to ask them to reconsider a decision. These are often sent in through case-specific enquiry or to a visa-office supported method of communication.<\/p>\n\n

The main instructions, which *in large part* represent present day instructions, are found below in my breakdown of the H&C and Family Class program delivery instructions (\u201cPDIs\u201d). I have quoted the instructions and will add some commentary as I discuss throughout.<\/p>\n\n

H&C PDIs<\/strong><\/p>\n\n

These first set of instructions are from the Humanitarian and Compassionate Grounds PDIs.<\/p>\n\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Guidelines for reconsideration requests after refusal (at stage 1 or 2)<\/em><\/strong><\/p>\n

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The legal doctrine of\u00a0functus officio\u00a0does not automatically bar reconsideration of final H&C decisions (MCI v. Kurukkal, 2010 FCA 230<\/a>). The decision maker\u00a0may exercise discretion to reconsider,\u00a0or refuse to reconsider the applicant\u2019s request for reopening of a previous decision. However, reconsideration should only be done in\u00a0exceptional cases.<\/em><\/p>\n

An applicant\u2019s dissatisfaction or disagreement with the decision does not by itself qualify as\u00a0an exceptional case.<\/em><\/p>\n

Return reconsideration requests to the original decision maker when possible. For reconsideration requests previously determined by a local CIC, the request should be sent to BRO-V for assignment.<\/em><\/p>\n

(emphasis added)<\/p>\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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I want you to pay extra careful attention to the words underlined for emphasis added.<\/p>\n

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IRCC then goes to set out a two-step process for reviewing a consideration request. As a side note here, I\u00a0rarely\u00a0<\/em>ever see counsel go through the two-part test or highlight the considerations below.<\/p>\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Reviewing a request for reconsideration is a two-step process:<\/em><\/strong><\/p>\n

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  1. Decide whether to re-open the case and consider the new evidence, even if the case is under litigation at the Federal Court.<\/em><\/li>\n
  2. If you decide to reconsider, review the new submissions and the original file and decide whether or not to change the original decision.<\/em><\/li>\n<\/ol>\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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    The factors for reconsideration are set out below:<\/p>\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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    Factors to consider when deciding whether to reconsider:<\/em><\/strong><\/p>\n

    You must first determine whether a reconsideration of a previous H&C decision is warranted based on the information submitted. The\u00a0onus is on the applicant<\/a>\u00a0to satisfy the officer that the reconsideration should be done. You should consider all relevant factors and circumstances to determine whether a case merits reconsideration. The following is a non-exhaustive list of factors that may be relevant to consider:<\/em><\/p>\n

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