April 24, 2023
Applicant Previously Refused Four Times for a Study Permit is Finally Successful
At Bellissimo Law Group PC, we receive many applications for consultations regarding study permit refusals. It is very frustrating for many applicants. Most of them believe they submitted everything to Immigration, Refugee and Citizenship Canada (IRCC) that is required for a complete study permit application. Yet, they receive a refusal, sometimes within days, with generic reasons for being denied a study permit with no reference to their own circumstances: the officer does not believe they will leave the country for the same reasons – not enough funds, scope of the request, ties to Canada or their home country, financial status, residence status, etc.
IRCC is using more and more Artificial Intelligence (AI) in triaging applications. The indicators are concealed but in many of the cases we see the reasons for refusals are not well-founded. The applicant has usually sufficient funds and assets to cover the cost of tuition and living in Canada for the period of studies, have strong family ties to their home country, have good employment with prospects for advancement and have status in the country where they reside. In some situations, their status in the country is temporary, because of the laws of that location.
Sometimes the applicants want to pursue their matter to the Federal Court and challenge the negative decision they received for the study permit application. Often, IRCC seeks to settle the matter and the case is re-opened and submitted to another redetermination by another visa officer.
In other instances, the applicant wants us to re-apply for another study permit. From experience, we usually ask for much more than what is on the documents list on the IRCC website. This is to pre-emptively address the concerns that might occur to a visa officer we have learned from decades of experienced and so many applications.
An interesting case we recently had was for an applicant who asked us to re-apply for his study permit, as he had a previous refusal. We started preparing the case and, at the same time, made an access to information request, to see what notes the visa officer made for the previous refusal. Much to our surprise, when we received the notes, we noticed the applicant had four previous refusals, not just one. If we went along with what the applicant recalled this could have led to a potential misrepresentation finding from IRCC.
Luckily, we were patient and waited for the full e-notes and could address every issue raised by the visa officer. Within a couple of weeks, his application was approved, much to his delight and our satisfaction with a job well-done!
If you need any help with your study permit application, please feel free to contact us.