Reconsideration after refusal

Applicants or their representatives often submit information after a refusal and request that an officer reconsider the decision. If an office receives a request to reconsider a decision, an officer must consider the request and decide whether to exercise their discretion to reconsider the previous decision. The legal doctrine of functus officio does not automatically bar reconsideration of final decisions (MCI v. Kurukkal, 2010 FCA 230). However, reconsideration should only be done, where warranted, in exceptional cases. An applicant’s dissatisfaction or disagreement with the decision does not by itself qualify as an exceptional case. The onus is on the applicant to satisfy the officer that reconsideration is warranted.

Reconsideration requests should be returned to the original decision maker when possible. When not possible, the request should be sent to a decision maker who has the delegated authority to render a decision.

Officers making a decision on whether to reconsider should ensure that the following information is entered in Global Case Management System (GCMS) Notes:

• the reconsideration request and the decision, and
• the reasons for the reconsideration decision

For more information

• Reconsideration and enquiries after refusal