Why Visa Refusals Happen

Receiving a visa refusal can be frustrating, especially after months of waiting. Many
applicants instinctively want to challenge the decision, either by requesting
reconsideration or appealing to a higher authority. However, understanding how visa
officers assess applications can create a more effective path forward when reapplying.

How Visa Officers Make Decisions

Visa officers operate with discretionary power, meaning their decisions often involve
subjective assessments. A refusal letter typically begins with the phrase “I have
reason to believe,” emphasizing that the decision is based on their judgment. Under
the Immigration and Refugee Protection Act (IRPA), officers have broad authority,
making it difficult to overturn a refusal unless it is demonstrably unreasonable.
Because of this subjectivity, program managers and other Immigration, Refugees and
Citizenship Canada (IRCC) officials will rarely override an officer’s decision unless
there is a clear and significant error in law or in fact.

Why Reconsideration Requests Rarely Work

Many applicants request reconsideration, hoping to persuade IRCC to reverse the
decision. However, this approach is rarely successful. Program managers typically
support their officers unless the refusal is clearly flawed.
Even in cases where judicial review (JR) is granted, the application is sent back to
another officer. There is no guarantee that the new officer will approve the case, as
their discretion remains intact and they may share the original officer’s point of view.
This makes reconsideration an unreliable strategy.

The Case for Reapplication

A more effective strategy is to reapply while directly addressing the concerns
outlined in the refusal letter. A strong reapplication does the following:
● Acknowledges the reasons for refusal.
● Provides additional evidence to refute concerns.
● Strengthens any areas of weakness in the original application.

A well-structured reapplication often includes a cover letter stating: “This is a reapplication
following a refusal received for application number [XXXX]. We have taken the concerns
expressed by the officer in the prior refusal as the test to be met, under the principles of
Procedural Fairness.”
This signals to the reviewing officer that the applicant has responded to the previous decision
thoughtfully. It also lays the foundation for a potential judicial review if necessary.

Turning a Refusal into an Opportunity

While no strategy guarantees success, reapplication presents a far better chance than
reconsideration. A refusal should be seen as an opportunity to refine and strengthen the
application rather than a permanent setback.

Key Takeaways:

● Visa officers have broad discretion, making refusals subjective.
● Requests for reconsideration rarely succeed.
● Reapplying with stronger evidence is the best strategy.
● A well-crafted reapplication addresses previous concerns and demonstrates the
applicant’s eligibility.

Understanding visa decisions and responding strategically can significantly improve your
chances of success. If you’re facing a visa refusal and need expert guidance, contact us: Dr. Joe’s
Immigration Consulting.

If faced with a refusal, reapplication—not reconsideration—is your best
course of action.