Visitor Visa Refusal Set Aside Following Unreasonable Decision by IRCC

We are pleased to share another successful outcome for one of our clients, whose application for a visitor visa was unfairly refused by IRCC.

The refusal letter provided vague and generic reasons, stating that the applicant’s purpose of visit was not consistent with a temporary stay and that there were insufficient family ties or financial support. However, the decision failed to reference any specific facts or documents unique to the applicant, making it impossible to understand how the officer arrived at this conclusion.

Our team carefully reviewed the application and found that it was complete, detailed, and fully supported by substantial evidence demonstrating the applicant’s ties to their home country, the purpose of their visit, and their ability to return after the temporary stay.

We filed an application for leave and for judicial review at the Federal Court, arguing that the officer’s decision was unreasonable and failed to meaningfully engage with the evidence submitted. We emphasized that the refusal reasons were so generic they could have applied to any applicant, suggesting that the refusal was rooted in undisclosed credibility findings. Since a Procedural Fairness Letter (PFL) was not provided by IRCC, our client would not have had a meaningful opportunity to respond.

Upon receiving our written arguments, the Department of Justice chose to settle the matter without filing a response or defending the refusal. As a result, the visa refusal will be set aside, and the application will be reconsidered by a different officer.

We are glad to have helped our client secure a fair opportunity to have their application properly assessed. Decisions like these must be based on the individual facts and evidence presented, and we remain committed to supporting applicants through this process.