Got a Canadian Visa Refusal? A Complete Guide to Reconsideration Requests

Receiving a refusal on your Canadian temporary residence application is deeply disappointing. After investing time, hope, and money into your plans, a negative decision can feel like a major setback. Your immediate question is likely, "What can I do now?"

While there is no formal appeal process for temporary visa refusals, a specific, limited option exists: a reconsideration request. This is not a standard procedure and is only successful in rare cases. However, understanding when and how to request one is crucial. This comprehensive guide, based on official IRCC policy and Canadian Federal Court precedent, will walk you through everything you need to know.

What Exactly is a Reconsideration Request?

A reconsideration request is a formal plea asking the immigration office to reopen and re-evaluate a decision they have already finalized. It’s vital to understand its limitations:

• It is not an appeal. It is a discretionary tool. An immigration officer is obligated to

  consider the request, but they have the full authority to refuse to actually reopen the case.

  
  

  
  

• It is not for disagreements. Your personal dissatisfaction or disagreement with the outcome is not a valid reason for reconsideration. You must demonstrate a specific, significant error or present new, material information.

  
  

  
  

• It differs from a redetermination. A redetermination is a new assessment by a different officer, which only happens after a decision has been successfully challenged and quashed at the Federal Court.

  
  

  
  

Legally, a principle called functus officio usually prevents a decision-maker from revisiting a completed case. However, Canadian immigration law allows for exceptions, meaning officers are not automatically barred from reconsidering a decision in justified circumstances. The key word is justified, and the burden of proof is entirely on you, the applicant.

The Crucial Question: Is Your Case Justified?

To have any chance of success, your request must be based on solid grounds. An officer will review your plea and decide if it warrants reopening the file. Here are the factors they consider:

1. A Failure in Procedural Fairness or Natural Justice

This occurs if the decision-making process itself was flawed. For example, if the officer had a negative finding about your application but did not give you a chance to respond before refusing it, this could be a breach of fairness. You are arguing that you weren't given a fair opportunity to present your case.

2. A Clerical or Administrative Error

This involves a clear mistake made by IRCC. Examples include the decision being rendered by an officer without the proper delegated authority or a key document you submitted being demonstrably overlooked during the assessment.

3. Submission of New, Material Evidence

This is a common basis for requests, but it is scrutinized carefully. The officer will assess if the new evidence:

• Is based on new facts (i.e., circumstances that arose after the decision was made)

  
  

  
  

• Is both material (important enough to potentially change the outcome) and reliable.

  
  

  
  

• If available at the time of the original application, has a compelling reason for why it

  wasn't submitted initially.

  
  

  
  

• Is not better suited to be reviewed in the context of a brand new application.

  
  

  
  

4. The "Fairness and Common Sense" Precedent (Young Marr v. Canada)

The Federal Court has weighed in on this issue, expanding the scope of what might be considered justified. In the case of Young Marr v. Canada, 2011 FC 367, the court found that an officer had erred by refusing to reconsider a decision.

Justice Zinn highlighted that "basic fairness and common sense" should prevail when, within days of a refusal, an applicant provides a document that confirms information already on file and materially affects the outcome. He argued that forcing someone to restart a multi-year process when the evidence is fresh in the officer's mind serves no purpose, especially when the applicant isn't trying to add new facts that weren't previously disclosed. This case establishes that refusing to review timely, simple, and crucial confirmatory evidence can be unreasonable.

How to Submit Your Request

If you believe your case is justified, your request must be sent directly to the office that issued the original decision. For applications processed abroad, this is the visa office that refused you. For those processed in Canada, it is the specific processing centre. In order to deliver that to the processing office, the best way is to send it through web form.

When writing your request, be professional, clear, and concise. Structure your letter to immediately identify your application details and the specific grounds for reconsideration (e.g., "Request for Reconsideration based on Clerical Error"). Clearly explain the error or the new evidence and attach all supporting documents.

The Two Possible Outcomes

After you submit, the officer will first decide whether to reconsider.

Outcome 1: Decision to Reconsider

If the officer finds your request has merit, they will take the following steps:

• Reopen the decision in the system.

  
  

  
  

• Review your new submissions alongside the original file.

  
  

  
  

• If necessary, request further information from you, such as a procedural fairness letter or medical information1

  
  

  
  

• Make a new, final decision and issue an approval or refusal letter.

  
  

  
  

• Record the detailed reasons for the new decision in the Global Case Management System (GCMS).

  
  

  
  

Outcome 2: Decision Not to Reconsider

If the officer concludes that your request does not meet the criteria, the original refusal stands. They will then:

• Notify you that they are refusing to reconsider the application.

  
  

  
  

• Record the reasons for refusing to reconsider in GCMS.

  
  

  
  

Final Advice

A reconsideration request should be seen as an exception, not the rule. For the vast majority of refusals, the most effective path forward is to carefully review the officer's reasons, address those deficiencies, and submit a stronger, more complete new application.

However, if you have a clear case of an administrative error, a breach of fairness, or significant new evidence that fits the criteria, a well-prepared request may be warranted. Given the complexity, especially when arguing legal principles like procedural fairness or citing case law, seeking advice from an immigration professional can be invaluable.

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About the Author

I’m Ahmet Faruk Ocak, a Canadian immigration lawyer and the founder of Blacksy Immigration Law Firm 🌊. 

At Blacksy, we specialize in providing honest, straightforward, and tailored immigration solutions to individuals and businesses worldwide. Our brand promise is simple: no unnecessary fuss, no false hopes, and no empty promises—just realistic, reliable guidance to help you achieve your immigration goals.

Whether you’re expanding your business to Canada, transferring top talent, or planning your future here, we’re here to guide you with precision, transparency, and care.

Visit us at www.blacksyimmigration.com to learn more or to start your journey.

The articles on this site are general information, not legal advice, and reading them doesn’t create a lawyer-client relationship. Immigration rules change often, so always consult a qualified Canadian immigration lawyer about your specific situation.