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Available Options When An Immigration Application Is Denied

by | Nov 11, 2020

One of the most difficult situations that persons wanting to visit Canada can sometimes encounter is having your work permit, or study permit, or a visa application refused. Such situations are not uncommon.

A work permit or a visa may be refused for a variety of reasons. It’s important to understand that the ultimate decision on whether or not any such application is going to be approved always rests with the Canadian immigration officer who is reviewing the file.

When a visa application, study permit application, or work permit application is denied, the first thing is to examine the reasons for the refusal. This will enable you to determine the best recourse to remedy the refusal.

Request For Reconsideration 

If upon assessment of the reasons for refusal of application, it is determined that there was a clear error on the part of the immigration officer, that is, an applicant had everything required for your application, a request for a reconsideration would be recommended. 

A request for reconsideration entails you asking the immigration authorities to reconsider your decision to refuse the application on grounds that the basis on which they arrived at that decision was unreasonable, unjustified, or unwarranted. 

Requests for reconsideration are not too demanding and such requests can easily be put together and sent to the immigration authorities and thereafter await their response. 

Filing A New Application

The second alternative available when an application is refused is to file an entirely new application. This option is viable in cases where, upon assessment of the reasons for refusal by the immigration officer, it is determined that the refusal was based on a flaw or deficiency in the application. 

In such a case, it is advisable to file an entirely new application that addresses the concerns that the officer would have raised in the reasons for refusal. This is a very effective option in addressing such refusals despite an application being refused more than once. 

Refusal Letter

It is important to understand that when an immigration officer makes a decision to refuse an application, that officer is obligated by law to provide reasons for the refusal. The reasons are usually included in the immigration officer’s notes.

However, in practice, when immigration officers send you a notification of your refusal, they do not provide the officer’s notes. Instead, they provide a vague and generic refusal letter. Consequently, it becomes very difficult for you to understand the real and key reasons for the refusal. 

Access to Information and Privacy Report (ATIP) Report

An ATIP request can be filed in cases where an immigration officer sends you a refusal letter without providing their notes outlining the reasons for refusal of an application. In the ATIP request, you would be asking for the officer’s notes, with the reasons for refusal, to be provided in the ATIP report.

Based on the reasons provided in the ATIP request, an applicant would then be able to file a new application that would address whatever concerns or deficiencies there might have been in the initial application.

Judicial Review

The last option available would be to file an appeal challenging the immigration officer’s decision in Court. This type of appeal is known as a judicial review application. It is filed in the Canadian Federal Courts. 

Judicial review is the option available for persons applying for visas outside of Canada because they do not have the right of appeal. If you are applying for a regular study permit or a regular work permit, or a regular visa, you do not have an immediate right of appeal. As such, you would need to “seek leave” to file a judicial review in the form of a hearing before a judge at a Canadian Court of Appeal. 

This is basically the third and last resort you would have to remedy the situation. The option best suited for you depends on the circumstances, and most importantly, the reasons for refusal of the application.

Let Us Help

It is important to understand that if your visa application, study permit application, or work permit application has been refused, there are available options for you to remedy the refusal. However, it is always important to check with an immigration lawyer who can walk you through the options. 

We are available to assist you should you need advice on refused immigration applications and guide you along the way to having your application eventually approved. 

Book a call with us today!

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