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  • What to do when Canadian Temporary Resident visa and application is refused

    I applied for a Canadian Temporary Resident visa (visiting, work, or study permit) & my application was refused.

    What are the next steps to take?
    How can I know the main reasons for the refusal?
    Can I just reapply?
    What should I do before reapplying?

    This article is for you. 

    The application process for a Canadian Visa is long and cumbersome, which makes the refusal understandably painful.

    Recently, there was a spike in refusal rates, with the rate of refusal even higher for applicants in some parts of the world. Many factors are responsible for this. While some refusals are because the applicants do not meet the program requirements stipulated by the IRPA, some could be generic, based on the discretion of a Visa Officer.

    Canada rejecting more and more VISA Applications

    Recently @ogayemilawfirm listed some ‘generic’ reasons for study permit refusal: Top Ten Generic Canadian Study Visa Refusal Reasons

    Today I will discuss 2 things to do, based on the category of your refusal. If you were given a visa ban, you were found inadmissible. Maybe, you misrepresented yourself, or submitted falsified docs. If you're sure this isn't so, talk to a licensed law firm like @ogayemilawfirm 

    If you were simply refused, you will receive a letter with the basic reason(s) for refusal. It could be the purpose of visit, home ties, travel history, etc. For some people, these reasons are generic &should not even apply to them.

    This leads us to the first option to explore. 

    OPTION A: Judicial Review

    If you check the letter & you are confident you clearly articulated your reason(s) for applying for a visa, showed sufficient funds/assets, highlighted your home ties, among other things, you may apply to the Federal Court of Canada for Judicial Review. 

    Temporary resident visa decisions are administrative decisions that sometimes involve the discretion of a Visa officer.

    These decisions can, therefore, be reviewed by the Court. Essentially, you must show the court that the decision was unfair, unreasonable, or made in error. 

    Recently, applications from some countries are getting refused at a high rate & with identical refusal reasons, even though applicants are different

    This has led more applicants to approach the Federal Court of Canada for a Judicial review, and many have been successful with it. 

    You may consider a Judicial Review if you see that a Visa Officer, for instance, did not consider an important doc or info already provided, or decided your application based on the requirements of a separate immigration program.

    You can read this example Federal Court Decisions 

    Note that in a judicial review, a Judge will not automatically substitute the decision of the Visa Officer. The court will examine the process that led to the decision & review if it was fair & reasonable.

    If not, the application will be ordered to be redetermined by another V.O . It is also not uncommon for the IRCC (through their lawyer) to offer to settle & redetermine a case before a court order is made.

    Many of the cases end with a settlement offer before an order is made by the court. And this followed by a subsequent redetermination and approval.  As I said, you need a Canadian lawyer in good standing to rep you & apply for a judicial review. You also have a specific timeline to file for a review.

    Once you receive a refusal letter contact a Canadian Lawyer to consider your option(s), @ogayemilawfirm is there for you. Please note that, just like the visa application processing times, the turnaround time for finalizing Judicial Review may also vary per case or applicant.

    There is no fixed timeline for when the process is to be completed. Generally, I have seen the process last between 4-8weeks 

    OPTION B: Visa Refusal Management & Reapplying


    If you consider that the refusal by the V.O was fair, reasonable, and without error, you have the option of reapplying. I, however, advise you to do this after doing some things. 

    First, find out the detailed reason(s) for your refusal and address them well.

    The rejection letter will mention the basic reason(s) for refusal (but not explain in detail). To know more, you can request what is called the GCMS Notes. You will provide a consent form to an individual or Corporation in Canada to request on your behalf. This comes with a fee. It also takes about 30 days for the GCMS notes to be released. 

    In your GCMS Notes, you will see the detailed reason(s) for the refusal, the comment(s) made by the Visa officer, and other useful information. That would guide you on what to do better before submitting a new application.

    If you need help with one, talk to @ogayemilawfirm 

    It is advisable to address the concerns before reapplying. As you stand a better chance if you do this well, Also, a previous refusal doesn't mean you will be automatically refused again. You just need to show that you now meet the requirement.

    If you also need legal or professional support for any other Canadian Immigration application or program, you can contact @ogayemilawfirm

    Send an email to info[at]ogayemilawfirm[dot]com to speak to an advisor.

    I hope this is of help to someone!  Cheers! 

    Author

    Updated on 5:37-am June 2,2020


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    Tags: Canadian Temporary Resident visa Canada immigration

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