Reconsideration: The First Step in an Appeal Case

When you appeal a decision in an immigration case, the appeal does not go directly to the Immigration Appeals Board. First, the original authority performs reconsideration — an internal review of the case. This is your first and often overlooked opportunity.

What is reconsideration?

When the Immigration Service or SIRI receives an appeal, the authority is required to reconsider its own decision. If new information or arguments convince the case officer, the rejection can be changed in the appellant’s favour — without the case ever reaching the Board.

Why is reconsideration important?

• The case is typically resolved within a few months — far faster than at the Board.
• You avoid 12-24 months of processing time at the Immigration Appeals Board.
• If the rejection stands, you have in any case prepared the case for the Board.

What makes reconsideration work?

1. New information

Case officers rarely change decisions without reason. Add new documentation or new circumstances:

• Newer payslips or employment contracts.
• Language test certificates obtained after the decision.
• Medical certificates for special health circumstances.
• Witness statements or third-party declarations.

2. Point out specific errors

Read the decision carefully. Are there:

• Factual errors (wrong date, wrong amount, wrong facts)?
• Missing assessment of submitted documents?
• Incorrect application of provisions?
• Failure to consider special circumstances?

3. EU elements or dispensation

If the case contains EU aspects (EU residence rights) or grounds for dispensation, it must be made clear in the appeal — even if not mentioned in the original application.

Tip: Structure the appeal for reconsideration

A good appeal for reconsideration is typically:

1. Brief introduction with case number and decision date.
2. List of specific points where the decision is wrong or deficient.
3. For each point: argument + documentation.
4. Claim: overturn or remand for renewed handling.
5. Exhibit list.

How big is the chance?

Publicly available figures show roughly 10-15% of decisions are changed at reconsideration. The figure is higher when the appeal contains new documentation and lower with mere repetition of original arguments.

If reconsideration does not change the decision

The case is automatically forwarded to the Immigration Appeals Board. There you can submit supplementary information until the case is processed. Arguments and documentation from reconsideration carry over.

8-week deadline

Remember: the appeal must be filed within the 8-week appeal deadline. This applies whether you write for reconsideration or directly to the Board.

Get legal help with your appeal.