A refusal from Immigration, Refugees and Citizenship Canada (IRCC) does not always mean the end of the road. In limited circumstances, a reconsideration request for a denied application may be available. However, this remedy is often misunderstood, misused, and frequently confused with appeals or judicial review. Understanding how the reconsideration request process with IRCC works—and when it does not—can prevent wasted time and serious legal missteps.
Below are seven key points every applicant should understand before requesting reconsideration.
1. A Reconsideration Request Is Not an Appeal
One of the most common misunderstandings is treating reconsideration as an appeal. It is not.
- A reconsideration request asks the same decision-maker to review their own decision
- It does not involve a tribunal or independent body
- There is no right to reconsideration under immigration law
Reconsideration is entirely discretionary and only appropriate where a clear error can be identified in the original decision.
2. Reconsideration Is Limited to Specific Types of Errors
IRCC does not reconsider applications simply because the applicant disagrees with the outcome.
Valid grounds typically include:
- A factual error (misreading or overlooking evidence)
- A legal error (misapplication of law or policy)
- A procedural fairness issue
- Missing or misfiled documents already submitted
Reconsideration is not appropriate for submitting new evidence that did not exist at the time of the decision.
3. Understanding the Reconsideration Request Process With IRCC Is Critical
The reconsideration request process with IRCC is informal but highly technical.
Key characteristics include:
- No standardized application form
- No processing fee
- No guaranteed response timeline
- No obligation on IRCC to respond at all
Requests are usually submitted through a webform or a formal written submission. The quality of legal reasoning matters far more than volume or emotional explanation.
4. How to Apply for IRCC Reconsideration Depends on the Refusal
There is no single way to apply for IRCC reconsideration.
The approach depends on:
- The immigration program involved
- The nature of the refusal
- Whether deadlines for other remedies are running
A proper request clearly identifies:
- The specific error made by IRCC
- Where it appears in the refusal decision
- How correcting the error could change the outcome
Generic requests asking IRCC to “review again” are rarely effective.
5. Timing Can Make or Break a Reconsideration Request
Reconsideration does not pause enforcement action or extend legal status.
Risks include:
- Missing deadlines for judicial review
- Becoming removable while waiting
- Losing the opportunity to pursue stronger remedies
Because reconsideration is discretionary, it should often be pursued in parallel with other legal options—not instead of them.
6. An Immigration Lawyer’s Reconsideration Request Is Strategically Different
An immigration lawyer’s reconsideration request is not a narrative explanation of hardship. It is a legal submission.
A lawyer will:
- Analyze refusal reasons against jurisprudence
- Identify reviewable errors
- Anticipate IRCC’s internal standards
- Preserve the applicant’s position for judicial review if needed
This legal framing is critical. Poorly drafted requests can weaken later court remedies.
7. Reconsideration Is Often Misused When Stronger Remedies Exist
Reconsideration is not always the best option, even when an error exists.
In many cases:
- Judicial review offers stronger protection
- Reapplication may be more appropriate
- Humanitarian relief may be the correct path
Using reconsideration incorrectly can delay resolution while increasing legal risk.
Final Thoughts: Reconsideration Is a Narrow Legal Tool
A reconsideration request for a denied application can be effective—but only when used correctly and sparingly. It is a precision-based remedy, not a second chance to argue the case.
Understanding how the IRCC reconsideration request process works, how to apply for IRCC reconsideration properly, and when to involve legal counsel is essential to protecting long-term immigration outcomes.
The Law Office of Tià Sherene McCalla assists clients in assessing whether reconsideration is appropriate and in preparing legally grounded submissions that align with current immigration law standards.
