- When Is A REQUEST FOR RECONSIDERATION A Good Option?
- What is a request for reconsideration?
- We Want to Help
When Is A REQUEST FOR RECONSIDERATION A Good Option?
Immigration applications sometimes get refused. Whether for good reason or bad and no matter how much work went into your application, refusals happen. The application process is by no means a guarantee of acceptance. While this can be very frustrating for the applicant, the good news is that a refusal does not necessarily mean the end of the road.
There are several options which you can pursue when faced with a refusal. It is always best to speak with an immigration practitioner to help you decide which option to pursue, as different refusals come with different sets of consequences.
At Hummingbird Lawyers LLP, we have extensive experience challenging refused immigration decisions. As litigators, we fight hard to exhaust all opportunities and will guide you in a direction that makes the most sense both in terms of your immigration circumstances, as well as your budget.
One of your options to challenge a refusal is to request reconsideration of the refusal.
What is a request for reconsideration?
Every immigration application is different. Almost all of them require a specified set of forms, and these forms are usually accompanied by written submissions, affidavits or statements supporting documentation, and more.
An applicant sometimes forgets to include a necessary document when filing their application. Other times, it is overlooked by the immigration officer reviewing the file. Perhaps a proper translation wasn’t included, or a minor error is made by either the applicant or the representative, that may cause an officer to reject an application, whether on its merit or for a technical error.
Our team at Hummingbird Lawyers LLP have worked extensively with requests for reconsideration. Below are some examples of successful reconsiderations awarded to our clients:
- An individual contacted us who had submitted an application for permanent residence. Unfortunately, he received a letter from IRCC rejecting his application because he did not include the notarized copy of his university diploma. The refusal letter suggested that he re-apply, with all the requisite paperwork.
Action Taken:
After meeting with him and going over his options, we decided that a thorough request for reconsideration was merited. We contacted the relevant visa office, made appropriate submissions, and received confirmation that they would continue processing his application without him having to start all over again. - Someone who had recently submitted a group of five refugee sponsorship applications contacted us, as they had recently submitted their application, and received a refusal letter. In the refusal, the officer noted that they had failed to submit one of the necessary forms required for their application. The client was certain that the form had, in fact, been included.
Action Taken: We reviewed the client’s options, and noted that it did not make sense to have to update all the forms, and submit this application again from scratch. We reached out to the officer on our client’s behalf, provided the relevant legal submissions, and were successful in having the officer continue to process the application with the original documents.
It is our approach to always request that an application be reconsidered. It may be that an obvious error was spotted, or you are just requesting another look at your file, and in many cases, this secondary, informal review, is merited and necessary.
A request for reconsideration is an informal process. In some matters, before certain decision-makers, a request for reconsideration must be made within 30 days. In other cases however the request should be done as quickly as possible.
Although some requests for reconsideration are refused, in certain cases, a refusal decision can be overturned, significantly changing your circumstances.
We Want to Help
Hummingbird Lawyers LLP has two offices for your convenience. Providing qualified, skilled and experienced lawyers in Toronto and lawyers in Vaughan, we are committed to giving our clients the convenience, expertise and guidance they need. Our successful track record of obtaining a response to a request for reconsideration is most impressive. It is important to understand how such a request and its response fits into the overall process of your application.
Requests for reconsideration are less a science, and more art. Before choosing this option, we suggest speaking to a Toronto mmigration lawyer at Hummingbird Lawyers LLP to ensure that this is a viable option for you, and to ensure that this is your best option for you.
Related Articles:
- Immigration Applications For Leave and Judicial Review
- Procedural Fairness Letter
- Authorization To Return To Canada
- Refugee Appeal Division
- Inadmissibility To Canada
