How to Appeal Against the Immigration Officer’s Decision? The action plan and chances for success

All applicants who submit applications for temporary and immigration visas hope to get a positive decision of the immigration authorities. Unfortunately, the point of view of the Canadian immigration officer does not always coincide with the expectations of potential visitors to Canada. The percentage of application refusals at the moment is quite high and is due to numerous reasons, depending on each case in particular. Sometimes the reason for refusal can be the incorrect preparation of a package of documents when applying for a visa, and sometimes simply the mistake of the officer considering the case, due to his subjective vision.

For someone, visa refusal can be a reason for great disappointment. A tourist trip, study, or immigration to Canada costs a lot and requires a long time and many efforts.

There is a misconception that visa refusal is an irreversible decision that cannot be appealed. However, this is not true. Each application refusal is caused by specific reasons that led to a negative decision. The correct identification of these causes and the correction of the circumstances that led to the refusal, there is a chance for a positive result. At the same time, re-submission of the application without an analysis of the reasons for refusal and correction of possible mistakes, most likely won’t change the officer’s decision.

The Canadian Immigration Authorities carefully review each application, taking into account many factors that have an impact on the final decision. Such factors as the financial condition, marital status, education, age and scope of the applicant’s professional activities are being evaluated.

What to do if after long months and in some cases years of preparations, you got a refusal?

There is a certain algorithm of actions, which may help to fix the situation and get an opportunity to visit or move to Canada.

Initially, it is crucial to find out the detailed reasons for the refusal. Sometimes, a small detail that you did give importance to, could become that very obstacle for your application. There is a specific mechanism for requesting detailed information on each case. Such a query is called ATIP.

When you know the reason for the negative decision, there are several options for further actions.

If the reason for refusal was the incorrect submission or the absence of any documents when filing, then, needless to say, it is necessary to correct these issues and re-arrange the application in the proper form. Naturally, this will ensure the desired result.

Sometimes the situation is a bit more complicated when, due to certain circumstances, the officer responsible for your case has found that at the moment you do not meet the requirements of immigration law. The reason may be related to your employment, the travel history to other countries, family reasons or financial situation. In such cases, you should be patient and spend some time and energy on correcting these gaps in order to have the maximum chance of getting a positive decision when reapplying.

It is also impossible to exclude the human factor and the possibility of an immigration officer’s error. This simplifies the task and, in this case, to obtain a visa can be achieved by a simple review of the application. There is a special online form for that.

Unfortunately, sometimes we encounter complicated cases when immigration authorities are firmly convinced of their decision and do not want to change their mind. However, even this is not a final verdict. In such a situation, in search of justice, one has to apply to the highest supervisory authority overseeing the activities of the Ministry of Immigration of Canada: the Federal Court. Appeals to the Federal Court often lead to a positive outcome. With the proper explanation of an appeal and a logically arranged submission of facts and evidence, the Federal Court will review the case with due objectivity and issue a reasoned decision that often satisfies the applicant’s requirements.

And yet, what are the chances of getting a positive result when you reapply? Naturally, this directly depends on the approach to the resubmission process. The main approach of the Canadian immigration system is the lack of absolute guarantees, but at the same time, this system is clearly regulated by certain laws, rules and regulations, knowing and respecting which, the chances of getting rejected are negligible and tend to zero.

Green Light Canada Global Mobility Solutions Ltd. will provide you with full support in drafting documents and conducting the entire litigation.

We will analyze your case, identify all the reasons for which you received a refusal and find a solution that is the best for you.

Our team will give you full support and will fight for your interests at all levels.

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