When to Request an IRCC Visa Application Decision Review

Receiving a refusal from Immigration, Refugees and Citizenship Canada (IRCC) can be disappointing and stressful. However, a refusal does not always mean the end of your Canadian immigration journey. In some cases, applicants may have the option to request a decision review rather than immediately reapplying. Knowing when to pursue this option can save you time, money, and effort.

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What Is an IRCC Decision Review?

A decision review is when you ask IRCC to reconsider a visa application refusal or negative outcome. Unlike a fresh application, a review challenges the original decision by pointing out potential errors or overlooked evidence. This is not the same as an appeal in court; instead, it is an internal reconsideration by IRCC.

When Should You Request a Review?

Not every refusal is eligible for a review. You should consider requesting one if:

• IRCC made a clear error in assessing your documents or eligibility.
• Evidence you submitted was ignored or not properly considered.
• You suspect a misunderstanding of the rules or requirements.
• You provided all required documents but were refused for missing information.

In these cases, a review may be faster and more cost-effective than starting over.

When Re-Application Makes More Sense

Sometimes, a refusal is due to incomplete applications, weak supporting evidence, or eligibility issues. If you did not meet requirements at the time of your application, submitting a new application with stronger evidence is usually better than requesting a review.

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The Process of Requesting a Decision Review

If you decide to request a review, here are the steps you should follow:

1. Review the refusal letter: Carefully analyze the reasons given for refusal. Identify if there are any factual errors or overlooked evidence.
2. Gather supporting documents: Collect proof that demonstrates IRCC’s decision was incorrect or based on incomplete information.
3. Submit a reconsideration request: Write to IRCC outlining why you believe the decision should be reviewed, referencing specific evidence.
4. Consider professional assistance: An immigration lawyer or Regulated Canadian Immigration Consultant (RCIC) can help frame your request more effectively.

Other Options: Judicial Review

If IRCC denies your request for reconsideration, you may pursue a judicial review through the Federal Court of Canada. This is a legal process that examines whether IRCC’s decision was fair and consistent with Canadian immigration law. However, judicial reviews are more complex and often require legal representation.

Tips For Strengthening Your Case

• Be polite and professional in your request; confrontational language weakens your case.
• Provide specific evidence of error rather than general complaints.
• Act quickly - delays can limit your chances of success.
• Seek professional guidance if your case involves complex legal grounds.

Requesting an IRCC decision review can be a valuable option if your refusal was caused by an error or oversight. However, it is not always the right path. Understanding the difference between reapplying and requesting a review - and knowing when to pursue each - will help you navigate refusals more effectively and keep your Canadian immigration goals on track.