Immigration reconsideration requests

Overview

Immigration reconsideration requests

Reconsideration asks the original decision-making authority to reopen a concluded file. It is discretionary, has no automatic stay effect and is not a replacement for an appeal or judicial review.

Use reconsideration for a defined error

Strong requests identify an overlooked document, factual mistake, procedural failure or decisive new event closely connected to the original record. Simply disagreeing or submitting a better application is rarely enough.

Quote the decision and locate the contradictory evidence precisely.

Explain why reopening is justified

Set out promptness, importance of the error, applicant conduct, prejudice and the interests of finality. Include only reliable evidence and a clear requested outcome.

If a representative caused the issue, provide the retainer and correspondence where appropriate.

Preserve formal remedies

A request does not stop an IAD or Federal Court deadline and does not automatically maintain temporary status or stay removal. Protective litigation may need to proceed at the same time.

Avoid inconsistent positions across forums.

Prepare for silence or refusal

The authority may decline without a full new decision. A later judicial review may focus on the original decision, the reconsideration decision or both depending on timing and substance.

Keep delivery confirmation and any response.