Procedural Fairness Response and Reconsideration Requests
Immigration applications may be refused or delayed when an officer has concerns about eligibility, credibility, or the evidence provided. In some cases, applicants may have an opportunity to respond to those concerns before a refusal is issued through a procedural fairness response, or to request that the decision be reconsidered after it has been made through a reconsideration request.
Both procedural fairness responses and reconsideration requests are time-sensitive and must be handled carefully, as they can directly affect the outcome of an application and the availability of future legal remedies.
At Summit Point Law, we assist clients in assessing the specific issues raised by the decision-maker and in preparing focused, well-supported submissions within strict deadlines, while advising on strategy and next steps where further remedies may be required.
Disclaimer: Please note that the information provided is for general informational purposes only and does not constitute legal advice. Immigration law is complex and subject to change, and outcomes depend on the specific facts of each case. This content is not exhaustive of all legal rights, remedies, or requirements and should not be relied upon as a substitute for legal advice. Readers should consult a legal professional for specific advice in any particular situation.
Procedural Fairness Response
A procedural fairness letter (PFL) is issued by an immigration officer when concerns arise that may negatively affect the outcome of an immigration application. These concerns can include credibility issues, discrepancies in evidence, eligibility concerns, or potential misrepresentation. A PFL is often the final opportunity for an applicant to respond before a refusal decision is made.
Procedural fairness letters are time-sensitive and require careful, strategic responses. A weak, incomplete, or poorly framed response can significantly increase the risk of refusal and may have serious long-term consequences, including findings of misrepresentation that can result in a multiyear ban from Canada.
At Summit Point Law, we assist clients with reviewing procedural fairness letters, identifying the legal and factual issues raised by the officer, and preparing clear, persuasive, and well-supported written responses. Whether the concerns relate to work experience, finances, relationship genuineness, medical or criminal admissibility, or credibility issues, we work with you to respond effectively and within the required deadlines.
Reconsideration Requests
A reconsideration request asks an immigration officer to review and correct a refusal where an error may have occurred. Reconsideration is not an appeal and is entirely discretionary, meaning the officer is not required to reconsider the decision. These requests are typically appropriate where there is a clear factual mistake, a failure to consider key evidence, or a misunderstanding of the application record.
Because reconsideration is discretionary, requests must be carefully framed and supported by precise references to the record and applicable law. Effective reconsideration requests clearly identify the specific error or omission and are supported by concise legal submissions and corroborating evidence. Simply re-arguing the original application or disagreeing with the outcome is unlikely to succeed and may affect other legal remedies, including judicial review.
At Summit Point Law, we assess whether a reconsideration request is appropriate based on the reasons for refusal and the underlying application materials. Where reconsideration is viable, we prepare focused and well-supported submissions that clearly explain why reconsideration is warranted. We also advise on timing, strategy, and how reconsideration requests interact with judicial review deadlines, ensuring that your rights are preserved while pursuing the most effective path forward.