Why IRCC Should Implement a Formal Reconsideration Process for Visa Refusals

Every year, thousands of individuals around the world apply to visit, study, or work in Canada on a temporary basis. Many are refused, often for reasons that appear vague, subjective, or inconsistent. Yet despite the personal and financial consequences of these decisions, Immigration, Refugees and Citizenship Canada (IRCC) currently offers no formal process to request a reconsideration. While an applicant or a representative can request for reconsideration via IRCC's webform, IRCC has currently no obligations to process the request.

This gap in policy is problematic—and one that merits serious reconsideration.

The Current State: No Official Path to Reconsideration

Currently, applicants can:

- Reapply, which often results in another refusal if nothing substantive has changed;

- Launch a costly and time-consuming judicial review—which only examines procedural fairness, not the merits of the decision.

Request for reconsideration are sometimes fruitfull, even if it is not a formally recognized process, we recently had a decision overturned this way. 

Why a Formal Reconsideration Process Makes Sense

1. Promotes Fairness and Transparency

A structured reconsideration mechanism would allow applicants to clarify or correct misunderstandings, submit additional documents, or point out errors in the original decision. It would help restore confidence in the system by showing that IRCC is open to revisiting questionable or flawed decisions.

2. Reduces the Burden on Courts

Many applicants resort to judicial reviews as their only hope of redress. If IRCC provided a clear and limited pathway for reconsideration—especially for simple errors—many unnecessary court proceedings could be avoided.

3. Aligns with Procedural Fairness Principles

While courts have ruled that procedural fairness is not always mandatory for TRV decisions, the growing number of complaints suggests a strong public expectation for better process. An internal reconsideration model—similar to those used by other immigration departments globally—could fill that gap without overburdening the system.

4. Encourages Better Decision-Making

When officers know their decisions may be subject to internal review, it naturally fosters greater accountability and consistency. This could lead to higher quality initial assessments.

A Practical Approach

IRCC could consider implementing a limited, non-automatic reconsideration process for TRV and permit refusals that:

- Must be requested within 10 days of refusal;

- Is limited to one reconsideration per refusal;

- Is assessed by a different officer or supervisor.

This would ensure the process is not abused while still offering a meaningful opportunity for redress.

Final Thoughts

Canada prides itself on having a compassionate and fair immigration system. But the absence of a reconsideration process for temporary visa refusals undermines those principles. As visa refusals rise—and trust in immigration decision-making wanes—it’s time for IRCC to consider modernizing its approach.

A formal reconsideration process would not only benefit applicants; it would strengthen the integrity and credibility of Canada’s immigration system.