Canadian immigration and visa application refusal reconsideration request.
It is well known that Canadian visa is very difficult to receive, and many applicants are still rejected by the visa officer after getting a school offer. Many people do not know what to do when their visa application is rejected. Some applicants will start applying for a second visa directly. However, asking for reconsideration is a way to let officers reopen your application. There are many applicants who have obtained good news after asking for reconsideration.
IRCC does not reconsider all cases. In general, IRCC will consider the following situations:
- whether or not the decision maker failed to comply with the principles of natural justice or procedural fairness when the decision was made
- whether the applicant has requested a correction of a clerical or other error (for example, a decision was made by an officer who did not have the delegated authority)
- if new evidence is submitted by an applicant, whether that evidence
- is based on new facts (that is, facts that arose after the original decision was made and communicated to the applicant)
- is material and reliable
- would be more appropriately considered in the context of a new application
- if additional evidence is presented that was available at the time of the original decision,
- consideration of why the evidence was not submitted at the time of the original application and whether it is material and reliable
- the passage of time between the date of the original decision and the date of thereconsideration
- whether or not there were any concerns regarding fraud or misrepresentation relating to a material fact in the original decision or relating to the new submissions
- if there is a negative decision from the Federal Court after judicial review, the option of refusing
As a result, when your case does not satisfy previous conditions, IRCC won’t agree with the reconsideration.
1. When an application is refused, please apply for ATIP as soon as possible, so it is easier to know the error in your application, and the detailed reason for the immigration officer’s refusal. With the information in ATIP, it is easier to prepare for the reconsideration.
2. After getting the ATIP files, write an explanation letter base on the ATIP information. The explanation letter is significant, which determine the success rate of the reconsideration. Please clearly and forcefully against the reasons on the refusal letter and convince the visa officer to reconsider the refusal.
3. Submit the above materials to the Canadian Immigration Service’s Web Form or send them to the IRCC e-mail.
A：In theory, there is no time limit for reconsideration, but it is better to finish the reconsideration as soon as possible. Generally, the processing time for ATIP is 30 days, so it is recommended to prepare for everything quickly after getting the ATIP files. The sooner the refusal is resolved, the better to have a good result. It is better to not leave a refusal information on your file.
A：If your application is rejected due to personal error, the success rate of consideration will not be very high. However, the success rate of the reconsideration is very high when IRCC makes a mistake regarding to your application. On the other hand, the explanation letter is the key, the quality of the explanation letter determines the success rate of your reconsideration.
- Don’t know what to do after receiving the refusal letter? Not sure how to write an explanation letter? Please contact us.
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