Immigration Corner | My study permit was refused

Dear Miss Powell,

I completed a bachelor’s degree in the USA, and I was told that I could apply to do a postgraduate certificate in Canada, at the border. The course starts in September, so I went to the Canadian border to apply, but after a lengthy interview process, the visa was refused. The reason they gave is, “I am not satisfied that you will leave Canada at the end of your stay as a temporary resident, as stipulated in paragraph 179(b) of the IRPR, based on the purpose of your visit, your family ties in Canada and in your country of residence.” What does this mean? I do not have any family members in Canada that I know of, and I clearly stated that I want to study. Should I appeal? I look forward to your response.

P. L.

Dear P.L.,

When an individual applies for a temporary resident visa (TRV) to visit, work or study in Canada, it is up to the individual to provide all the necessary documents and information to convince the visa officer that you will respect the laws, and, in particular, the immigration laws of Canada. The burden of proof is on you, as it is your responsibility to clearly demonstrate that you are admissible.

You have not provided full details of your case, but it appears that the visa officer was not satisfied that you will leave Canada at the end of the period of authorised stay. An officer may form the opinion that it would be contrary to the Immigration and Refugee Protection Act (IRPA) or its regulations to allow you to come into Canada. This finding could be based on one of the following grounds: security, human or international rights violations, criminality, organised crime, health, financial reasons, misrepresentation, non-compliance with the act, or inadmissibility of a family member.

REFUSAL BASED ON FAMILY TIES

A refusal based on your family ties in Canada, or in the country of residence, or both, are common grounds for refusal of a temporary-resident visa. If you have family in Canada, this can be seen as a strong indicator that you may not wish to return to your home country, or country of residence, at the end of the time granted.

In your case, the letter clearly stated that your family ties in Canada and in the country of residence, USA, is a cause for concern. The family members are not limited to immediate family, but could include extended family members such as aunts, uncles, and even cousins. They could also be referring to boyfriends, partners, and spouses and in-laws.

Where is your home country? What is your status in the USA? Why did you not return to your home country? Do you have relatives in your home country? Were you staying with a family member in the USA? You were brave enough to drive to the border to make the application instead of applying online. Who told you to apply at the border? Who was going to receive you in Canada at the border? Who were you going to stay with? Where would you live? The visa officer would have asked questions like these to understand your motivations and intentions.

Additionally, is there a history of immigration breach by a family member? Did a family member over stay in Canada or the USA? The Canadian border security officers have complex, computerised systems that allow them to quickly review family information in both countries. Furthermore, when there are doubts, applications are usually refused.

REFUSAL BASED ON PURPOSE OF YOUR VISIT

A student visa refusal based on the ‘purpose of the visit’ is usually determined on the documents presented and the answers you gave to the officer. It is very discretionary, and the burden of proof is on you to clearly show how the postgraduate study will benefit you in the future, and that you intend to return to your home country or the country of origin, at the end of the time granted.

Sometimes your application is refused because of a lack of adequate information and supporting documents. What are your plans on the completion of study? Were you planning to return to your home country or the USA at the end of your programme? Do you have valid, unexpired immigration documents for the USA? Are there no similar programmes in the USA or your home country? Why did you choose that programme? Did you provide a letter of explanation with your application? How were you going to pay for your studies? Is someone in Canada paying for this? Who is the person? Even having a generous close family friend, godmother or godfather in Canada, who is willing to assist could go against you, especially if you are not able to provide compelling reason for the visa approval.

SHOULD YOU APPEAL?

There is no direct right to appeal a study permit. While you were at the border and were being questioned, you could have requested legal counsel to assist you with the process. Your legal counsel could have requested the officer’s notes from the General Case Management System (GCMS). Each officer is required to enter his notes and reason for decisions on the GCMS. These notes usually reveal the officer’s reason for the long delay and ultimate refusal.

Some temporary resident applicants who were refused may seek redress from the Federal Court of Canada and the Canadian Human Rights Commission. However, this is a lengthy application process that is generally utilised by individuals who are already in Canada.

Since you are currently in the USA, your best course of action, and given the time constraint, is to seek legal advice directly from an authorised Canadian immigration lawyer. You should provide detailed notes about the questions you were asked by the visa officer, and provide copies of the application forms and documents presented. The lawyer will be able to provide guidance on possible missing information and how you can submit a new application with updated information to increase your chances of approval next time.

Deidre S. Powell is an immigration lawyer in Ottawa, Ontario, Canada. You may send your questions, comments or book a Zoom/telephone consultation via her website: www.deidrepowell.com. Connect with her via Facebook, Twitter, and Instagram for the latest information about Canadian immigration.