A refusal means that your application for a Canada visa has been rejected. Visa officers assess applications against established eligibility criteria outlined in the Immigration and Refugee Protection Act (IRPA), the Immigration and Refugee Protection Regulations (IRPR), and relevant Ministerial Instructions. If the officer believes you do not meet these requirements, they will refuse your application. The documents you submit play a crucial role in these decisions.
Understanding the reasons for refusal can be complex. While the refusal letter may provide some insights, it often lacks the complete picture. Despite diligent preparation of documents, applications can still be denied for various reasons specified in the IRPA and IRPR. Sometimes, a minor error or a lack of clarity in your submission may lead to a refusal.
Be cautious of unauthorized representatives; many refusals stem from advice given by illegal agents. Unfortunately, many applicants have experienced issues due to misinformation or misrepresentation, leading to serious consequences.
The first step is to identify the root cause of your refusal. If you were deemed ineligible, you can work on fulfilling the eligibility requirements before reapplying. If you believe you are eligible, order your Global Case Management System (GCMS) notes from IRCC. These notes provide detailed insights into how your application was assessed. If you don’t have a copy of your submitted documents, you can obtain them through the getGCMS process. Beware that some unauthorized agents may not provide copies of your submitted documents after submission.
An appeal is a formal process to review a decision made on your application. Depending on the application type, there are various methods to request that Canada reassess its previous decision. Not every application qualifies for an appeal, and there is a time limit for submitting an appeal request to IRCC.
Canadian immigration law specifies who has the right to appeal. Permanent residents and refugees may appeal certain decisions. If you lack this right, you can still request a judicial review. Common examples of appeals include spousal sponsorship cases. Foreign nationals without an appeal right may seek a judicial review through the Federal Court of Canada, which requires hiring a lawyer to represent you in Canada.
The Immigration and Refugee Board (IRB) is the largest administrative tribunal in Canada, responsible for hearing immigration and refugee matters. It operates independently, and decisions made by the IRCC and the Minister do not influence it. The IRB has four distinct divisions:
