Visa Refusal

REFUSED VISA APPEAL, RECONSIDERATION & RE-APPLICATION

anada Visa Solutions provides all the required information regarding the Canada Visa Refusals.

A successful visa application is the dream for a new chapter in Canada. Whether you applied for a work, study or visit visa, the application has many hopes and dreams pinned on it. If you get a letter in the mail from Canada Immigration advising you that your application for Canadian immigration was refused, do not panic.

Though you may be feeling frustrated, a visa refusal is not the end.

Overcoming Visa Refusal

For every visa application which is denied, there are three types of remedies available.

• appeals,
• reconsideration
• re-applying

Appeals

A Visa Appeal can be an option for you if you feel that an incorrect decision was awarded by the immigration officer when they refused your visa application. Though you may be feeling frustrated, a visa refusal is not the end. There are many options you can consider;

You may be eligible to Appeal your Canadian Immigration Application Refusal to the Federal Court of Canada within a certain period after you were notified of the refusal by Canada Immigration.

• You may be eligible to Appeal your Canadian Immigration Application Refusal to the Immigration Adjudication Division (IAD) within a certain period of after your application was refused by Canada Immigration.
• You may be able to make a request for Restoration to the Case Processing Centre (CPC) after being notified if the refusal.

Based on your location, there are certain deadlines which are applicable. If a decision to deny your visa was made by an officer inside Canada, an application for leave for judicial review must be filed within 15 days from the date of decision. For refusals made outside Canada, you will need to appeal within 60 days of the refusal.

If your appeal is allowed:

• Immigration, Refugees and Citizenship Canada (IRCC) will resume processing the permanent resident visa application.
• You can contact IRCC to check the status of your sponsorship application.

If your appeal is dismissed:

• The decision by IRCC to refuse the permanent resident visa application remains the same. Your appeal is closed at the IAD. You may wish to seek legal advice.
• Appealing to the Federal Court
• Either you or Minister’s Counsel may apply to the Federal Court of Canada for leave, or permission, for judicial review of any IAD decision. The Federal Court of Canada will either dismiss the application or return the case to the IAD for re-hearing

Reconsideration

In many circumstances you can request a reconsideration on your visa application if the application was refused to incomplete information. In cases where the information provided was not correctly understood, a reconsideration can be requested.

You will need to submit any additional or clarifying information to respond to the reasons the decision-maker cited in their refusal.

Re-Application

Once you review the explanations for your visa application refusal, discussing it together with your immigration lawyer will assist you to understand if you should make a fresh application.

Many times, making a totally new application can offer you an opportunity to submit all additional information. This is also a good option if your personal situation has changed in the time since your initial application. Again, it is useful to look at the reasons cited in your refusal and think of ways you can reinforce those areas of your application.

Whatever may be the explanation for your visa refusal, don’t get dejected. Reviewing your visa situation with Manuleaf Immigration can figure out the best approach and best strategy for your case.