A reconsideration request asks the original immigration decision-maker or authority to revisit a decision. Reconsideration is discretionary and should not be treated as an appeal.
When reconsideration may be appropriate
- A material factual misunderstanding or obvious administrative error
- Evidence already submitted that appears to have been overlooked or misunderstood
- A procedural fairness concern
- A decision made on an incorrect factual premise
- Other circumstances that justify asking the decision-maker to reopen the matter
What a request should contain
A focused request should identify the decision, the specific error or fairness concern, the supporting record and the remedy requested. It should distinguish evidence that was already before the decision-maker from genuinely new material.
Do not allow another deadline to expire
A reconsideration request does not automatically suspend an IAD or RAD appeal deadline, a Federal Court filing deadline, removal action or another statutory consequence. Parallel remedies and deadlines should therefore be assessed immediately.
Reconsideration Does Not Replace Judicial Review
Where a Federal Court challenge may be available, sending a reconsideration request does not stop the applicable Court filing period. Review Federal Court Judicial Review promptly where necessary. Federal Court proceedings through Fourth Dimension Immigration are handled by FDI's in-house lawyer authorized to practise before the Court. For an assessment of the refusal record and available remedies, book a consultation.
Immigration criteria, document requirements and public policies can change. Advice should be based on the rules and facts applicable when you apply.