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Was your application denied? Don't worry—this isn't always the final word from Immigration, Refugees and Citizenship Canada.
There is a way to correct errors without having to start from scratch or go straight to court: it’s called “reconsideration”—a remedy that few people are aware of but that is highly effective in many cases.
In this blog post, I will explain what this approach entails, the legal basis for which was established by Kurukkal and Vavilov, who managed to overturn their rejection after demonstrating errors in the proceedings.
I’ll also share real, specific examples of cases where we’ve successfully overturned denials. Read through to the end and see if your case qualifies for reconsideration.
A reconsideration is, in essence, a request to Immigration, Refugees and Citizenship Canada (IRCC) to review a decision that has already been made.
Important: This is not a trial in federal court, but a faster and less expensive administrative proceeding.
It is up to the officer's discretion. It is not an automatic right of the applicant, but rather an opportunity to demonstrate to the officer that their decision can and should be reviewed because it does not reflect the reality of the case or because it was made without considering key factors that were already in the file.
In the past, two immigrants were able to establish the basis for this remedy by having their cases reviewed. Although this may sound informal, it is now a well-established principle of Canadian law.
In the case of Kurukkal, an applicant from Sri Lanka who was denied entry to Canada, the Federal Court confirmed that officers have the authority to reopen cases when presented with relevant information that was not initially considered or when the decision was based on an incomplete record.
Added to this is the standard of reasonableness established in the Vavilov case, which requires that administrative decisions be consistent, well-reasoned, and supported by the evidence. When this is not the case, there is room for strategic intervention through reconsideration.
Throughout my experience handling these cases, together with my team at Immiland Law, we have successfully overturned decisions in common situations that, at first glance, seemed final. Here are a few examples:
Rejections in which the applicant had already passed their language exam but forgot to attach it when applying. Cases in which the exam results did exist and were subsequently submitted via a web form, but the application was still rejected without the officer properly considering that information before making a decision.
Denials based on the fact that the applicant has family members in Canada, leading the officer to mistakenly interpret that connection as a risk that the person will not leave the country.
Here we intervene by correctly applying the principle of “Dual Intent”, which legally allows a person to have ties in Canada while simultaneously complying with the conditions of a temporary stay.
We have handled cases involving final denials of work permits where the adjudicator concluded that the applicant was ineligible under a free trade agreement. In these cases, we demonstrated that the adjudicator’s analysis was incomplete or incorrect, successfully securing recognition of the worker’s actual eligibility under the applicable international agreements.
Similarly, we have overturned denials in which the official applied new legislation retroactively to applications that were submitted before the regulatory changes took effect. These decisions are clearly questionable from a legal standpoint and can be resolved through a strategic reconsideration that requires compliance with the regulations in effect at the time of application.
Note: In practice, many rejections are not due to a genuine lack of eligibility on the part of the applicant, but rather to procedural errors on the part of the official that can be corrected.
This is when the applicant should seek professional help to develop an appropriate legal strategy. You can contact a member of our legal team at this link: https://en.immilandcanada.com/law/contact.
These scenarios highlight an important point: reconsideration is not a second chance to “try again,” but rather a technical tool for correcting decisions that lack a sound basis.
Knowing when to use this tool—and how to use it correctly—can be the difference between starting over and salvaging a process that already had the groundwork in place for approval.
However, not all cases should be handled this way. A key part of the analysis is determining the best strategy. In some situations, there may be a formal right of appeal, depending on the type of application.
In other cases, particularly when the issue concerns the legality or reasonableness of the decision, the appropriate course of action may be a judicial review before the Federal Court.
A reconsideration, on the other hand, is usually faster and less expensive, but it requires a clearly defined and properly presented case.
As an immigration attorney, I have extensive experience preparing requests for reconsideration in a variety of cases. When the officer’s error is clear—whether due to a missing document, an incomplete interpretation, or an incorrect application of the law—the chances of success can be quite high.
Did your application get denied, and do you have questions about the process? At Immiland Law, we can help you.
At Immiland Law, we are CICC-regulated consultants and Canadian lawyers with experience in immigration cases for Canada. Overruling unjustified refusals is a central part of our daily practice.
If your application was denied, you can schedule a consultation with us to review your case and discuss valid and legal solutions.
I hope this topic helps you understand that a “no” isn’t always final, and that the key isn’t to keep pushing, but to know exactly what needs to be corrected and how to present it strategically.
Thank you for joining us on this journey. See you in our next blog post, where we will continue to build your Canadian dream with professionalism and empathy!
With love,
Immiland Law Professional Corporation
