Canadian Visa Refusals

Canadian Visa Refusals: Reasons

A Canadian temporary or permanent resident visa may be refused for several reasons:

• The applicant does not meet the program requirements set forth in the immigration legislation.
• There is a mistake during the assessment by the officer.
• The assessment by the officer is unreasonable.

In some cases, and for some programs, the requirements are clearly defined, while in others they are more generally outlined, allowing more discretion for the officer to assess and decide.

For example, a study permit applicant must provide evidence that they have a certain amount of funds available for the first year of studies in Canada. The absence of this evidence is a clear ground for refusal. If, however, they included a bank statement but were still refused for not providing proof, this constitutes a mistaken disregard of the evidence. This contrasts with another case where the statement shows the required funds and was considered by the officer, but the application was refused due to other factors, which may or may not be unreasonable.

Options After Canadian Visa Refusal

How to address a visa refusal will be determined by the type of Canadian visa, the grounds for refusal, and the information and supporting documents submitted with the application. There are four options to address a refusal:

• Submit a request for reconsideration. If the application included all required information and supporting documents but was refused due to an oversight or misinterpretation, a reconsideration request may help to address this issue. This must be submitted promptly to the respective processing center or visa office. The request should contain a detailed explanation of the mistake and include the supporting documents that were initially submitted with the application but mistakenly disregarded.
• File a new application (reapply). It is always advisable to request detailed notes on a refusal to better understand the concerns and address them accordingly. An immigration refusal letter typically contains general reasons, but detailed notes help interpret them. Depending on the reasons, a new application may be submitted immediately but must include all missing information or documentation from the initial application, and additional arguments to clarify and explain the situation. Alternatively, it may be submitted after some time if reasonable, given all circumstances of the case. Those found inadmissible and unable to file for the same type of visa but who urgently need to come to or stay in Canada temporarily may apply for a temporary resident permit or apply for permanent residence on humanitarian and compassionate grounds if they intend to stay permanently.
• Apply for judicial review of a decision. If the refusal seems unfair and unreasonable, balanced against the applicant’s eligibility for a visa, supporting documents submitted, and other factors, then an application for judicial review may be a viable option. This must be submitted to the Federal Court of Canada within 15 days if the matter arises in Canada or 60 days for matters arising outside Canada. If the Federal Court sees merit, it may grant leave for the full process. The role of the Federal Court judge is not to substitute a negative decision with a positive one but to assess whether the decision was reasonable. If not, it may request a redetermination by a new officer.
• Appeal a decision. Only certain types of immigration decisions can be appealed to the respective body. For example, a refusal of an outland sponsorship application can be appealed by the sponsor to the Immigration Appeal Division (IAD) by filing a notice within 30 days. Loss of permanent resident status due to not meeting residency obligations can also be appealed to the IAD by filing a notice within 60 days after receipt of the written decision. Refugees can appeal negative decisions to the Refugee Appeal Division, only if the panel member made a mistake of fact or law, by filing a notice within 15 days.

Canadian immigration legislation and case law are quite complex for non-lawyers; therefore, it is recommended to seek help from a professional to devise an action plan.

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