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New bill would allow rejected Canadian visa applications an appeal

Refused Canadian visa applications could appeal under new Bill 

A new private-member’s bill has been tabled in the House of Commons by NDP immigration Olivia Chow. This bill, called the Visitor Visa Fairness Act, would allow people with rejected Canadian visa applications to appeal them.

About 200,000 of the million Canadian visitor visas applied for every year are rejected, and these rejections make it difficult for people to have successful applications later on. According to Chow, many of these rejected Canadian visa applications are because of “arbitrary decision making”.

In Australia and the United Kingdom, rejected Canadian visa applications can be appealed. This bill would bring Canada up to speed with a similar process and have the Immigration and Refugee Board hear the appeals.

Bill would provide recourse for rejected Canadian visa applications

 Many people need to visit Canada for weddings, funerals and other events, but sometimes face rejected Canadian visa applications and have no recourse.

 The bill is also supported by a Calling for Visitor Visa Fairness group on Facebook, which contains updates, discussions and stories from individuals who have faced the consequences of rejected Canadian visa applications.

 Chow, according to her Facebook group, proposes:

-The establishment of a formal and free appeals process modeled on the UK and Australia.

-To improve the application process by establishing a clear standard denial procedure.

-The establishment of a protocol to provide more information on the reasons for the denial and ways to address the concerns listed by Citizenship and Immigration Canada.

 These rejected Canadian visa applications are often the result of immigration officers deciding that the applicant may not leave Canada, and there is currently no way for applicants to eventually prove their case.

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About Michael Niren

Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the Associate Member of the American Bar Association. Read more

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5 thoughts on “New bill would allow rejected Canadian visa applications an appeal

  1. Shawn

    Hi.

    My mom, dad and my 8 years old brother applied to attend my convocation. I had provided a written letter by me inviting them on my convocation and stating I have not seen them since 2014, proof of my income, written letter by landlord of the place where they would be staying and every requirement. We had help of an immigration agent from India. My dad showed almost $15,000 CAD as funds available for his maximum one month stay in Canada. But they refused the application saying that
    1. He is not satisfied that my dad has enough funds including income or assets to carry out his stated purpose .
    2. Purpose of visit (it was clearly stated that he is going for his daughter’s convocation)
    3. Employment prospects in country of residence (He already has a job in India)
    4. Personal assets and financial status (again he showed almost $15,000 available for this trip on the top of my bank statements)
    5. Travel History (He’s been refused twice before, this was first time when my mom and my brother applied)
    I am concerned that will this effect my brother or mom’s application in future. What do these officers want? I provided everything. Please advise.

    Reply
    1. Immigration Lawyers

      Hi Shawn,

      Thank you for contacting us at VisaPlace! I understand how frustrating it may be when being denied entry to Canada. I do recommend having the help of an immigration lawyer so that it will better increase your dad’s chances of entering Canada. Hiring an immigration lawyer will help you get answers to all of your questions, plus it will increase the chance of getting a visa approved. Please, complete this form for me http://www.visaplace.com/immigration-assessment/ it is just a quick and easy way for me to learn more details about your situation so that I will be able to advise you accurately and determine the best avenue for us to take to give you the best legal advice.

      The above response is for informational purposes only and does not form a lawyer-client relationship nor should it be construed to be legal advice.

      Reply
  2. Jegan

    My wife applied for a visitor visa to see her mother who is suffering from a terminal illness. The hospital has issued a letter saying that her condition is fatal. My wife is a permanent teacher, and I have assets and funds in the bank which we declaired in our application. My self and 3daughters will not be going with her. She has received leave from the school principal . She is also taking a return ticket and her cousin is sponsering her stay in canada . She plans to stay only one month.
    Her visa has been turned down by the visa officer in Sri Lanka stating that she will not depart from canada. He has also stated that she does not have suficient funds to to maintain herself for one onth in canada. Her sister was granted the visa over the counter and she has the same conditions.
    Please advice whom I can complain to as I need to see her soon before God takes her away.

    Reply
    1. owen

      Hello Jegan,

      Thank you for the question. I am sorry to hear about your wife’s mother, and that your wife’s visa application was refused. Unfortunately, TRVs can be very difficult to obtain, but if your wife were to partner with us, we would be able to help her submit a stronger application, and we have helped many people with previously refused TRV applications successfully come to Canada. Please do not hesitate to contact us with any further questions.

      Regards,
      Owen

      Reply
    2. renata

      Hello Jegan

      Thanks for your contact. We need more details in order to analyse the possibles issues in her application. Please fill out our free online assessment form and one of our immigration professionals will be in touch with you shortly http://www.visaplace.com/immigration-assessment/

      Best regards,
      Renata Nunes

      Reply

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