Reconsideration and Procedural Fairness Lawyer · Toronto

Who this is for

This page covers two situations: IRCC has sent you a procedural fairness letter (PFL) that you must answer before the deadline, or IRCC has refused your application and you believe the officer made an error, overlooked evidence or refused you on a concern you were never told about.

• A PFL that raises possible misrepresentation under section 40 of the Immigration and Refugee Protection Act (IRPA).

• A PFL that questions a job offer, a relationship, work history, funds or the authenticity of documents.

• A refusal that ignores documents you submitted.

• A refusal with generic reasons that hide a doubt about your honesty. This is called a veiled credibility finding, and we explain it in our article on veiled credibility findings.

What a procedural fairness letter means

A PFL means an officer is considering a refusal and must give you a fair chance to answer first. IRCC's procedural fairness instructions tell officers to share the essence of their concerns. If an officer relies on outside information, such as an internet search or a database check, you must be told and given a chance to respond.

The letter sets a deadline, and it is often short. If you cannot get a document in time, ask for more time before the deadline passes and show why. We explain how in our guide to extension requests.

The stakes are highest when the letter raises misrepresentation. Under IRPA s. 40, directly or indirectly misrepresenting or withholding material facts that induce or could induce an error in the administration of the Act makes a person inadmissible. The inadmissibility lasts five years, and during that period you cannot apply for permanent residence. IRCC also holds you responsible for everything in your application, even if a representative completed it.

How we answer a PFL

We read the letter against your whole file, including earlier applications the officer may be comparing. Then we answer each concern separately, with evidence.

• If the concern is wrong, we show where the correct information already sits in your file. The Federal Court has held that officers must read an application as a whole. Our article on the totality of the application explains the principle.

• If there is a real mistake, we say so, correct it and explain how it happened, with documents. We do not patch a problem with a new story. An inaccurate answer to a PFL can become a new misrepresentation.

• If the letter is too vague to answer, we say that too, and ask for the specific information the officer is relying on.

Disclosure is how we protect clients from a misrepresentation finding. Correcting an error yourself, early and in writing, is almost always safer than waiting for IRCC to find it.

Asking IRCC to reconsider a refusal

A reconsideration request asks the officer who refused you to reopen the decision. It is not an appeal, and there is no right to one. The Federal Court of Appeal confirmed in Kurukkal (2010 FCA 230), an H&C case, that an officer is not automatically barred from reopening a final decision. IRCC's instructions on reconsidering H&C decisions tell officers to do so only in exceptional cases and list the factors they weigh:

• a failure of procedural fairness when the decision was made;

• a clerical or administrative error, such as a decision made by an officer without delegated authority;

• new evidence that is material and reliable, and why any evidence that already existed was not submitted;

• how much time has passed since the decision;

• any concern about fraud or misrepresentation.

We send the request in writing to the office that made the decision, usually through IRCC's web form, with the supporting documents attached. The officer decides in two steps: first whether to reopen, then whether to change the result. Disagreement with the outcome is not enough. An officer who refuses to reopen should still justify that refusal. We discuss a 2024 Federal Court decision on this point in our article on reconsideration decisions.

Start with the officer's real reasons

IRCC now sends the officer's decision notes with most refusal letters: for most temporary resident applications since July 29, 2025, and for most permanent residence applications since May 26, 2026. H&C refusals are not included, and IRCC may remove portions of a note (IRCC: officer decision notes).

When the note is thin or redacted, we request your file from IRCC. Foreign nationals can make a Privacy Act request for their own information wherever they live. The full notes often show the concern the refusal letter did not name, such as a doubt about a document or a comparison with an older application. That concern is what we answer.

Reconsideration, a new application or the Federal Court

A refusal is not the end. There are three routes, and the right one depends on why you were refused.

• Reconsideration fits a clear error, an ignored document, a fairness breach, or new evidence that appeared just after the decision.

• A new application fits a refusal that exposed real gaps in the file. IRCC's guidance is to reapply only when your situation has changed significantly or you have new information that addresses the reason for refusal. We rebuild the file around the officer's notes.

• The Federal Court fits a decision that was unreasonable or unfair on the evidence the officer had. See our judicial review page.

One rule overrides the others: the court deadline keeps running while IRCC considers a reconsideration request. An application for leave must be filed within 15 days if the matter arose in Canada and within 60 days if it arose outside Canada (IRPA s. 72(2)(b)). If court is a realistic option, we decide early, and both routes can run at the same time.

Sometimes none of these routes has a realistic chance. When that is the case, we tell you plainly, explain why, and set out what would need to change before you apply again.

How we work with you

You deal directly with our lawyer, Ahmet Faruk Ocak, in English or Turkish. There are no intermediaries. We start with an online consultation. You then complete a secure online intake, upload documents to a shared folder and receive a checklist built for your file. We communicate by email, so every instruction and deadline is on record.

Our fee is a flat fee agreed in writing before work starts. You can pay it in full or in two instalments. It is held in trust and earned at set milestones. Government fees are separate, and HST applies to Canadian residents.

We never help anyone mislead IRCC. If the honest answer to a PFL is unfavourable, we still give that answer and build the most accurate response we can around it.

What happens next

Send us the PFL or refusal letter as soon as it arrives, with the date you received it and a copy of the application as submitted. Book a consultation at cal.com/blacksyimmigration. We will tell you which route fits, what it involves and whether it is worth pursuing.

Frequently asked questions

How long do I have to respond to a procedural fairness letter?

The deadline is in the letter. It varies by application and office, and it is often short. If you cannot get a document in time, ask IRCC for more time before the deadline passes, explain why, and include proof such as an appointment confirmation or a request sent to a third party. An extension is not automatic, so send everything you can by the original date.

Should I ask for reconsideration or simply reapply?

It depends on why you were refused. Reconsideration suits a clear error, an overlooked document or a fairness breach on the file you already submitted. IRCC's own guidance is to reapply only when your situation has changed significantly or you have new information that addresses the reason for refusal. A new application must deal with the earlier refusal openly, so we build it around the officer's notes.

Does a reconsideration request pause the Federal Court deadline?

No. The deadline to apply for leave and judicial review runs from the day you learn of the decision: 15 days if the matter arose in Canada and 60 days if it arose outside Canada. It keeps running while IRCC considers a reconsideration request. If court is a realistic option, we assess it at the first consultation so the deadline is not lost.

What if the officer believes I misrepresented something by mistake?

Take it seriously. A misrepresentation finding under IRPA s. 40 means five years of inadmissibility, even when a representative made the error. Honest mistakes are excused only in narrow situations. Your answer should show where the correct information already appears in your file, explain how the error happened and correct it with documents. Never offer an explanation you cannot prove, because that can become a second misrepresentation.

Do I need my GCMS notes before responding?

For a PFL, usually not: the deadline is too short, and the letter states the concern. For a refusal, the officer decision note that now comes with most refusal letters is the starting point. If it is thin or redacted, we request your file under the Privacy Act, which foreign nationals can use wherever they live. IRCC has 30 days to respond and can extend that period.

Is there a deadline to ask IRCC for reconsideration?

No fixed deadline exists in law, but delay works against you. IRCC's instructions on reconsidering H&C decisions list the time passed between the decision and the request as a factor officers weigh. The deadline that is fixed is the Federal Court's: 15 days for a matter arising in Canada and 60 days for one arising outside Canada, and IRCC itself says a reconsideration request does not protect that right. Send the request quickly and decide about court at the same time.

How long does IRCC take to answer a reconsideration request?

There is no set time. IRCC describes reconsideration as an informal and ad hoc recourse, and its instructions set no deadline for a response. That is why you should never wait for an answer before deciding on judicial review: the court deadline keeps running while the request sits with IRCC. If the deadline passes, you may lose the right to challenge the original decision in court, since a judge extends it only for special reasons.

What are the chances that a reconsideration request succeeds?

IRCC does not publish success rates. In a 2024 report to Parliament it said data on these requests is limited because they arrive through different channels, and that, anecdotally, a large portion are refused because the reasons for the original refusal are often not resolved. A request that repeats the application rarely works. One that points to a specific error, an overlooked document or a fairness breach, with evidence, has a real argument behind it.

How do I send a reconsideration request to IRCC?

In writing, to the office that decided your file. IRCC says requests go by email or mail to the visa office, or through its online web form. Include your client ID and application number, the decision date, the specific error and where the evidence of it sits in your file, and any new document with an explanation of why it was not available earlier. Keep it focused. You carry the burden of showing why the decision should be reopened.

Can I add new documents to a reconsideration request?

You can, but new evidence is not an automatic reason to reopen. IRCC's H&C reconsideration instructions ask whether the evidence is material and reliable, whether it is truly new, and why any evidence that already existed was not filed with the application. A document that existed all along and was simply left out often points to a new application instead. A document that answers the exact concern the officer raised, and could not have been filed earlier, is the stronger case.