Can You Appeal a Refused Student Visa?
Immigration officials can refuse your study permit application for many reasons. However, there are options that you can take to remedy the situation.
If IRCC has refused my student permit, can I appeal?
IRCC does not provide for any rights or official processes to appeal its decisions. However, you can either reapply or file for a Judicial Review.
If you can show that IRCC did not follow due process, you can file a Judicial Review. A foreigner who has received a refusal, and can demonstrate that IRCC failed to evaluate their application documents fairly, having submitted thorough and detailed documents, is free to appeal the decision.
A judicial review can’t overturn IRCC’s decision if the applicant failed to submit a strong application that is up to IRCC’s standards.
Can I reapply after I’m refused a study permit on my own?
Sadly you’re more likely to get another refusal if you reapply on your own again. Unfortunately, some people come to learn about this fact after applying multiple times unsuccessfully.
In most cases, a visa officer it’s unlikely to respect a reapplication from someone doing so on their own again. Visa offices are busy people, and they’re unlikely to spend time reviewing reapplications from persons whose papers were refused before. This is the harsh reality, although it may seem unfair.
How can Rameh Law Firm help?
While we can help an applicant get a study permit in Canada successfully during their first application, most clients visit us after making several attempts in vain.
When you have a professional on your side, the visa officer is more likely to respect your application because they understand that lawyers are experts in immigration law. They’ll demand procedural fairness and due process to be followed.
Visa officers aren’t necessarily lawyers and will not want to risk a Judicial Review for failing to follow due process. If a lawyer has presented a strong student visa application and the visa officer has refused to accept it, the attorney will demand an explanation to justify the decision. These people often lack enough time and resources to go through a judicial review; hence they often choose to approve the visa application if a knowledgeable person like an attorney presents it.
Mostly, if you work with an experienced immigration attorney to prepare your documents and then reapply with much stronger supporting evidence, it will lead to approval. The IRCC official will notice that the reapplication is being done through the Representative Portal of a law firm, and there’s an attached letter coming from an attorney.
For each application, we typically send a four to five-page submission letter that addresses all the facts that are likely to lead to a refusal. Moreover, because we understand that factors such as strong ties to Canada, lack of job prospects at home, and insufficient travel history are likely to lead to a refusal, we may choose to quote case laws drawn from the Canadian Federal Court to support your application and help minimize the chances of refusal.
If you’re looking to apply for a study permit in Canada or you’ve been refused one, get in touch with us for professional help. We have a history of helping people get their Canadian visas even after several refusals.