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Tuesday, 3 January 2012

Canada Visa Appeal

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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