A visa refusal is not the end.

There are several options after receiving a refusal decision. Depending on the program, you may appeal or seek judicial review. For temporary resident visas such as visitor visas, reapplication is often the most efficient path. However, there is another option that is often misunderstood: reconsideration.

There is no shortage of articles and videos promoting reconsideration. Some even suggest using procedural fairness as a standard argument. This is misleading. Providing immigration advice in this way is not only inaccurate, it is irresponsible.

So why can a refused application be reconsidered?

The answer comes from the Federal Court of Appeal decision in Kurukkal. In simple terms, the doctrine of functus officio does not strictly apply to immigration officers. This means officers retain discretion to reopen and reconsider a decision.

But that discretion is not automatic.

The burden is on the applicant to demonstrate why reconsideration is warranted. Disagreement with the refusal is not enough. IRCC provides a non-exhaustive list of relevant factors, including a breach of procedural fairness, correction of clerical errors, or the submission of new and material evidence.

On procedural fairness, not every case qualifies.

For visa applications, the duty of fairness is generally triggered when credibility concerns arise. For visitor visas, the duty sits at the low end of the spectrum. This means an officer can refuse an application without giving the applicant an opportunity to respond.

If you are considering a reconsideration request, have your case reviewed professionally before proceeding. These requests are recorded in your GCMS notes. Make it count.