Reconsideration Request
At Kahlon Law Office, we understand that receiving a refusal on your immigration or visa application can be frustrating. When you believe an error was made in the decision or if new information has come to light, submitting a reconsideration request can be a valuable step in seeking a fair outcome. However, it is important to understand that reconsideration requests often go ignored by immigration officers, especially when the applicant’s submission is incomplete. In such cases, reconsideration requests may not lead to a positive outcome, and applicants risk missing the opportunity to file a Judicial Review (JR) or appeal within the legal deadlines.
One of the critical points often overlooked is that visa and immigration officers are not obligated to request missing documents or notify applicants about incomplete applications. Applicants are responsible for ensuring that their applications are complete and include all the required documents. If an applicant submits an incomplete application, they cannot rely on the officer to prompt them for additional documentation.
In fact, immigration officers are not required to remind applicants to submit additional documents for their applications to be considered complete. As Justice Pentney noted in Joseph v. Canada (Citizenship and Immigration), 2018 FC 268 at paragraph 7, the onus is clearly on the applicant to provide a complete application. There is no obligation on the officer to remind applicants of the need to submit the necessary documents:
As these cases emphasize, the responsibility to submit a “true, correct, and complete” application lies with the applicant. Reconsideration requests only work effectively when the applicant has provided a legally sound application, with all the required documentation submitted upfront or prior to the decision is rendered by the decision maker via webform.
Many applicants mistakenly submit reconsideration requests to IRCC when they have not provided all the required documents or information in their original application. When this happens, the reconsideration request is likely to be ignored or dismissed, because the officer’s review is limited to the information already on file. Simply requesting reconsideration does not change the fact that an incomplete application has been submitted.
Therefore, if you believe your application was incomplete, filing a reconsideration request may not yield the desired result. Reconsideration requests are most effective when you have submitted a legally correct and complete application. When you request reconsideration, be sure that your application package is complete, and you have the required supporting documents. If your application was incomplete, you must first correct this issue before expecting a successful reconsideration outcome.
Even if your reconsideration request is based on valid grounds, do not rely solely on reconsideration. Many applicants mistakenly think that a reconsideration request will resolve the issue, but as we have established, officers often ignore these requests, especially when an application is incomplete.
It is crucial to file a judicial review or appeal at the same time as submitting a reconsideration request. This ensures that your legal rights are protected in case the reconsideration request is not properly addressed. If the reconsideration request is ignored or dismissed, you will not miss critical deadlines for judicial review or appeal.
To avoid losing your right to appeal or file for judicial review, we recommend that you file both a reconsideration request and a judicial review or appeal at the same time. Doing so preserves your legal options, even if the reconsideration request is not addressed. The judicial review or appeal deadline will not be extended by the reconsideration process.
The Importance of Timely Action
Missing these deadlines means losing your chance to contest the refusal, and reconsideration requests will not extend these deadlines.
In Summary:
At Kahlon Law Office, we are committed to helping you navigate the complexities of immigration law, including reconsideration requests, judicial reviews, and appeals. Our experienced legal team is here to ensure that your rights are protected, and that you explore every avenue to resolve your immigration matter.
Contact us today to discuss your case, understand your options, and start the process of filing a reconsideration request, judicial review, or appeal—whichever route is most appropriate for your situation.
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