Why Was My Canadian Tourist Visa Refused? Paragraph 179 (b) IRPR

When you apply for a Canadian Visitor Visa there is a chance it could be denied for no apparent reason. The reason lies beneath a section of Canada’s Immigration and Refugee Protection Regulations that allows officers to reject the visitor visa application without explaining why. If your Canadian tourist visa was refused without a refusal letter or explanation why then it could fall under the 179 Regulation.

What is Paragraph 179 (b) of the IRPR Canada?

Paragraph 179(b) of the IRPR is a section of Canada’s Immigration and Refugee Protection Regulations that allows visa officers to reject applications on the suspicion they might try to stay in Canada beyond their temporary stay. However, no detailed reason for refusal needs to be given and the applicant is notified by a simple little “form letter” with check-mark indicated stating the supposed grounds for refusal.

For example, a common reason is that the applicant has failed to demonstrate that he or she would not leave Canada after their intended visit. Not much help for applicants wondering why they visas were refused.

Toronto Star published an article about a Peruvian man, Jorge Sanabria, who was scheduled to deliver a keynote speech at Wilfrid Laurier University in June 2010 but denied a tourist visa (temporary resident visa) to Canada without any apparent reason. Jorge Sanabria had provided the government with his passport, a letter from his employer, a document showing his invitation to speak and information about his family in Peru with his application but was still denied.

This regulation does not apply to 53 countries for which citizens can come to visit Canada without temporary resident visas, but it does apply to the 145 countries from which citizens need visas to come to Canada. If you’re unsure if your country is one of the Visa Waiver Program then you can check to see your eligibility here: Canada’s Visa Waiver Program.

No statistics are kept on why visas are refused, but one-third of the five million visitors to Canada in 2009 needed temporary resident visas. Of these 1.5 million people, almost 300,000 were refused just for not meeting requirements of Regulation 179.

While there are no official criteria regarding Regulation 179 that would suggest a visitor might stay, there are also no official criteria available that would prove an applicant would leave. So, people planning trips to come to Canada have no real idea whether their applications will be denied or accepted–sometimes even in cases where they have purchased a return ticket home and have a job and family waiting for them in their home country.

Other Reasons Canadian Tourist Visas are Refused

In addition to the immigration officer believing you won’t leave the country after your intended stay there are several other reasons, a visa can be refused.

Canada Visitor Visa Requirements

There are five major documents you are required to show when applying for a visitor visa:

1. Proof of your ties to your home country
2. Proof of funds for your visit to Canada
3. ID such as a passport or county resident card
4. A letter of invitation from the person inviting you to come to Canada
5. Proof that you will be staying in Canada only on a temporary basis

Failure to provide any of these documents can be a reason for a Canadian visitor visa refusal.

Reasons to Be Denied a Visitor Visa for Canada

• Failure to provide required documentation
• Security
• Human or international rights violations
• Criminality (even DUIs and DWIs)
• Organized criminality
• Health grounds
• Financial reasons
• Misrepresentation (of any kind)
• Noncompliance with IRPA

Learn more about Canadian Tourist Visa inadmissibility

How to Appeal a Denied Canada Visitor Visa

When an immigration application is refused, applicants still have several options available to them including filing an appeal to the Federal Court of Canada. Usually, these refusal decisions are made by a single immigration officer who may have made an error in law or fact regarding the application. If such is the case, consider either appealing or even re-applying with more detail about the merits of your case. Don’t give up!

So why was your Canadian tourist visa refused denied? Often there is really no good answer. You are welcome to contact us, Niren and Associates immigration law firm if you’re facing a Canadian tourist visa refusal.