REFUSAL OF VISITOR – STUDY – OR WORK PERMIT

If you have received a refusal letter following the application of your permit to Canada, there might be a solution for you to overcome the situation – you may re-apply or file an appeal. You can start by reviewing the refusal letter and the reasons for refusals. However, the refusal letter normally does not go into deeper reasoning and it can provide only with standardized and non-detailed reasons for your refusal. You can re-apply any time unless the refusal letter states you cannot, but before doing this, you should take a closer look at the reasons for refusal.

In order to be able to do this, you can submit online an Access to Information Request for either through Access to Information Act or Privacy Act. You will receive full notes and detailed reasons for your refusal within approximately 30 days or more, as IRCC is legally bound to provide this information. There can be a number of detailed case-specific reasons for your refusal behind the standardized reasons stated in your letter. In order to re-apply, you need to analyze your case and see if there are any mistakes that can be easily corrected. If yes, you can re-apply by knowing how better your second application. However, you should re-apply only if you can include new information in your second application or if there have been changes in your circumstances affecting your application. If you apply again with exactly the same set of documents and information, your new application will most likely be refused again.

Another option is to appeal your refusal at the Federal Court of Canada through the judicial review process. Nevertheless, this can be very costly and should be done only if the immigration officer has made an error of law or fact while processing your application. The role of the Federal Court is to determine if the decision maker violated proper procedure or was reasonable or unreasonable in refusing the application. The judge will thus not grant or issue you a visa or a permit, nor approve any application, but either allow or dismiss your judicial review. If the judicial review is allowed, IRCC will continue to process your file. If you want to judicially review the refusal, you need to file a Notice to the Federal Court strictly within 30 days after your refusal.

Please consult our immigration lawyers in order to review your case and to find the best solution for you.