Request for Reconsideration After an H&C Refusal: Is It Possible? (2026)
The short answer: Yes, you can ask IRCC to reconsider a refused H&C decision, but IRCC treats it as a discretionary step for exceptional cases only. According to IRCC, disagreeing with the decision is not enough. Do not assume a request stops the Federal Court deadline: for a matter arising in Canada, an application for leave generally must be filed within 15 days of when you are notified, and nothing we found says reconsideration gives you more time. Get advice immediately.
What is the deadline for Federal Court?
Section 72(2)(b) of the Immigration and Refugee Protection Act sets two time limits for applying for leave (permission) for judicial review: 15 days for a matter arising in Canada, and 60 days for a matter arising outside Canada.
The statute says the period runs from the day after the applicant "is notified of or otherwise becomes aware of the matter." The Federal Court's own guide uses the same starting point and does not explain how to count the days, so do not guess. A judge may allow more time "for special reasons" under section 72(2)(c), and the Federal Court says that request must be made in the application for leave. That is not something to plan on.
15 days is short. If you want to keep the court option open, speak to a lawyer the day you receive your refusal.
Can you ask IRCC to reconsider a refused H&C decision?
IRCC's H&C guidance for officers has a section on reconsidering a negative decision. The officer decides whether to use discretion to reopen it. According to IRCC:
Reconsideration should be done "in exceptional cases only."
"The onus is on the applicant" to show reconsideration is warranted.
"An applicant's dissatisfaction or disagreement with the decision does not by itself qualify as an exceptional case."
Requests should go back to the original decision-maker where possible.
If an officer refuses to reconsider, they must tell the applicant in writing.
Is there a fee, and how do you send a request?
IRCC's report to Parliament on refusals says "there is no fee associated with requests for reconsideration" and describes requests being sent by email or mail to the visa office, or by online webform. That report discusses temporary resident applications, and the H&C guidance does not describe a submission channel. Check your refusal letter and IRCC's current instructions for where to send a request in your case. A lawyer's or representative's fees are separate.
What errors does IRCC say can justify a request?
IRCC's guidance says officers consider factors such as whether:
the decision-maker failed to comply with the principles of natural justice (procedural fairness);
you have asked for correction of a clerical or other error, such as a decision made by someone without delegated authority;
there are concerns about fraud or misrepresentation about a material fact.
New evidence is treated carefully. IRCC says officers ask whether it is based on new facts that arose after the decision, whether it is material and reliable, and, if it existed earlier, why it was not submitted. The officer may decide it is "more appropriately considered in the context of a new application." See reapplying after an H&C refusal.
How is reconsideration different from judicial review?
Reconsideration is a request to the same department. Judicial review is a separate Federal Court process, started by an application for leave. A lawyer can explain what it covers.
IRCC's H&C guidance says nothing about extending the Federal Court deadline. Under section 72(2)(b), the time limit runs from when you are notified, and the Act does not say a reconsideration request pauses it. Do not rely on one. The options are laid out in what to do after an H&C refusal.
Do you need a lawyer for Federal Court?
The Federal Court says you are allowed to represent yourself. It also says a citizenship or immigration consultant may not represent you there, except where the court allows it in special circumstances on request. Only a lawyer in good standing with a Canadian law society can ordinarily represent you. See RCIC or lawyer. An RCIC ordinarily cannot represent you in Federal Court.
What about the officer's notes?
Before deciding anything, it helps to understand why you were refused. You can request the officer's notes from the file. See how to request GCMS notes. Do this at the same time as getting advice, not instead of it, because the deadline runs from when you were notified.
Who does this affect?
People who have just received an H&C refusal
People who believe the officer made a clerical or procedural error
People who have new evidence that arose after the decision
Applicants still deciding between a new application and court
What should you do?
Note the date you were notified of, or became aware of, the decision. Treat 15 days as the working limit if the matter arose in Canada.
Speak to a lawyer immediately if you want Federal Court review.
Read the refusal reasons and ask for the officer's notes.
Decide whether you are pointing to an error, or to new facts.
Do not assume a reconsideration request extends any deadline.
Check your status and any removal date before you decide.
Just refused and unsure what to do? E-Pathway Immigration, led by Domonic Cheung, RCIC (R711344) in Vancouver, can review your refusal and explain your options, including when to see a lawyer. Book a case review.
Frequently asked questions
Can I ask IRCC to reconsider my H&C refusal?
Yes, you can ask. IRCC says officers reconsider in exceptional cases only, and disagreement alone is not enough.
Is there a fee for a reconsideration request?
IRCC's H&C guidance does not mention a fee. An IRCC report on temporary resident refusals says no fee applies there. Check your refusal letter. Representative and lawyer fees may apply.
Does reconsideration extend the Federal Court deadline?
IRCC's H&C guidance says nothing about extending the Federal Court deadline, and the Act does not say a request pauses it. Do not assume it does.
How long do I have to apply to the Federal Court?
Under section 72(2)(b) of the Act, 15 days if the matter arose in Canada and 60 days if outside Canada, from when you are notified or become aware of it.
Can a consultant represent me in Federal Court?
The Federal Court says a consultant may not, except in special circumstances on request. You may represent yourself or hire a lawyer.
Key takeaways
IRCC reconsiders H&C refusals only in exceptional cases.
Disagreement with the outcome is not enough.
The Federal Court deadline is 15 days for a matter arising in Canada.
Do not rely on a reconsideration request to stop that clock.
Get advice immediately because the time is short.
The bottom line
A reconsideration request is a narrow option. The Federal Court deadline is short and does not wait for IRCC. Get your refusal reviewed the day it arrives.
Questions about your refusal? E-Pathway Immigration, led by Domonic Cheung, RCIC (R711344) in Vancouver, can review your situation. Book a case review. Read also the H&C hub.
Last reviewed: November 2026
Sources: IRCC, H&C assessment: reconsideration of a negative decision; IRCC, Reconsideration after refusal; IRCC, Report to Parliament on the Super Visa income requirement and special circumstances; Immigration and Refugee Protection Act, s. 72; Federal Court, how to file an application for leave and judicial review (immigration); Federal Court, who may represent you.
This article provides general information only. It is not legal advice and does not create a client relationship. Immigration options and outcomes depend on individual circumstances. Consult a qualified representative for advice about your situation.
About the author
Domonic Cheung is a Regulated Canadian Immigration Consultant (RCIC), licence R711344, with E-Pathway Immigration in Vancouver, BC. You can verify his licence on the College of Immigration and Citizenship Consultants (CICC) public register.
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