Applying for a Canadian visa is already a long, complex, and worrisome experience, and it can be a blow if your application ends up getting denied. But what should you do when your visa application or study permit is refused? Is there any way to appeal the decision?
This article will explain what Canadian visa applicants should do when their study permit or visa application is denied. You will gain practical insights that will help you figure out the next steps of your application process. Read on to learn about the things that you should do after visa denial.
Can You Appeal Visa Denial in Canada?
Technically, a denied study permit or visa application in Canada cannot be appealed. However, there are means to work around it by doing away with “appealing.”
Section 3 of the Immigration and Refugee Protection Act (IRPA) provides a few individuals, generally Canadian citizens, the right to dispute the officer’s decision of denying the visa application. The contesting of the decision will be handled by the Immigration and Refugee Board of Canada.
However, this right provided by Canadian law is not applicable to denied work, temporary resident, or study permits, visitor visa, and In-Canada sponsorships. What they can do instead is to exercise their right to ask the Federal Court to review the denial of the immigration application. This act is referred to as Judicial Review.
A Judicial Review can be granted to applicants whose study permits and working visas were denied. The Federal Court will conduct a review of the application. The court will look into the circumstances that led to the refusal of the permit or visa and determine whether the decision was reasonable or not.
The Judicial Review involves two procedures:
- Leave Application – This act is done to ask the court for permission to present your case to them. Keep in mind that just because your application has been denied doesn’t mean you will get to the next step of the process.
- Judicial Review Request – This comes to pass once the leave application is granted by the court. During the review, the court will listen to the applicant’s argument that the immigration officer’s decision of denying the visa or permit was not fair.
The Judicial Court can side with the applicant’s argument if the court finds any of the following occurrences:
- The decision is unlawful (an error in law)
- The decision failed to consider presented facts (an error in law and fact)
- Both of the cases mentioned above; and
- The decision was clearly unreasonable.
In summary, any applicant whose application for a work visa, study permit, and others were refused, and is not covered by the right of appeal in accordance with the IRPA, can resort to appealing to the court for a Judicial Review.
If the court decides in favour of the applicant, granting that the refusal was unreasonable, the application will be returned to the immigration office. The returned application will be assessed by another immigrant officer, and another decision will be made. Again, keep in mind that a favourable Judicial Review does not guarantee an approved application.
In this regard, a denied application should be decided in the applicant’s best interest of whether to submit a new application to the immigration or contest the decision to the court.
Beyond this explainer, there are other things to consider when looking for options to appeal a denied visa or permit application. It is best to have a legal counsel or have a list of immigration consultants in Toronto.
If you’re looking for professional help from a trusted firm, please contact us at email@example.com or call 1-888-404-8472.