Canada’s Immigration and Refugee
Protection Act governs the issuing of temporary residents visas to
foreign nationals who don’t qualify for exemption. Though the majority
of applicants to Citizenship and Immigration Canada (CIC) are
successful, there are several possible visa rejection reasons. Below is
an overview of some of the key points surrounding an immigration appeal.
For expert advice on your case, contact Global Visas.
Who can issue a visa refusal?
In Canada it is visa officers at CIC
who adjudicate on temporary resident visa applications. Canadian
Members of Parliament and government officials do not have the authority
to decide on visa applications.
Is there an automatic right of Canada visa appeal?
No. Canada has no formal right of appeal on a temporary resident visa rejection. An unsuccessful applicant has two options:
- Reapply on the understanding that their case may be examined by a different visa officer
- Seek judicial review through the Federal Court of Canada
Why should I reapply for a Canada visa?
Though there is no automatic visa
refusal appeal, it may be worth reapplying if your circumstances have
changed. Officers do have some discretion on humanitarian and
compassionate grounds. Your new application will normally be reviewed by
a different visa officer.
What factors might lead to a Canada visa rejection?
Foreign nationals applying for a
temporary residents visa will be judged on a number of criteria. Failure
to meet these could lead to rejection. Key areas of eligibility
include:
- Applicants must be in good health
- Applicants must not have committed a crime
- There must be no threat posed to Canada’s security
- Showing sufficient means of financial support while in Canada
The onus is on applicants to prove to the visa officer that their intentions are genuine.
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