IRCC is responsible for accepting or rejecting a student visa in Canada. Many factors are at play in student visa refusal. It is obvious to feel distressed about student visa refusal as this causes delay in starting an academic journey in Canada. However, there are two ways from here. The first is to approach for review, and the second is to re-apply.
Factors contributing to Student Visa Refusal
The following are some common causes of student visa refusal:
- Unsatisfactory documents establishing proof of funds
- The Visa officer is unconvinced that you will leave the country after completion of education.
- The Option program doesn’t match previous education, and statement of purpose cannot establish the purpose of choosing that program.
- There is doubt related to the acceptance letter
- Doubt arising out of travel history and identity
How to Know the Reason for Student Visa Refusal
The Visa officer will issue a refusal letter after the student visa refusal. This letter will contain the cause of refusal. Additionally, visa applicants have the right to obtain the Global Case Management System (GCMC) notes from IRCC under the Access to Information Act. It includes every note made while taking action on a student visa application by the visa officer handling the case.
Procedure to take out GCMC notes
The right to obtain information under the Access to Information Act is limited to citizens, PR holders, and authorized agencies. An authorized agency can apply to receive a copy of all the notes on a student visa application. The applicant is advised to approach only the authorized agency for taking out GCMC notes. Additionally, there is no urgent service for receiving GCMC notes.
Process of filing an Appeal
No appeal can be filed in IRCC. However, upon receiving the GCMC notes, if an applicant feels his application is rejected on little ground, a judicial review application can be filed before a federal court. The court will review whether the due process established for granting a visa was followed by the visa officer handling the case. The applicant needs to prove that despite providing all the required information and documents, access was not granted because of non compliance by the visa officer. The process of filing a judicial review application is divided into two steps. The first step is filling out an application for leave in federal court. If the application for leave is accepted, the second step is the review application. After the leave application is granted, a review application can be filed and heard. Federal court judges the case based on the due process followed by IRCC and whether the facts provided by visa applicants are considered.
How to Write an Appeal Letter
An appeal letter should vigorously dispute all the reasons provided in the refusal letter and GCMC notes to succeed. The appeal letter shall contain strong evidence contradicting all the reasons provided by the visa officer. It needs to establish that the applicant has provided all the documents and evidence supporting his student visa application. The applicant must also prove that the visa officer didn’t take note of some of the provided documents. The applicant may dispute some of the abovementioned common grounds for student visa refusal as mentioned below:
Unsatisfactory Documents Establishing Proof of Fund
Applicants need to prove that the document submitted for substantiating the claim to fund stay in Canada during the study period is acceptable for judging such share of funds. The applicant must also establish that the provided documents are enough for any reasonable person to consider the funds’ sufficiency.
The Visa officer is unconvinced that the applicant will leave the country after completion of education
Here a corroborated approach is needed. First, it needs to be established that the statement of purpose and other provided details were enough to confirm that the applicant has no intention of staying illegally in Canada after completion of education.
The opted program doesn’t match previous education, and the statement of purpose cannot establish the purpose of choosing that program
This is a subjective ground of rejection. The opted program, applicant’s statement of purpose, and previous work or education experience should justify the applicant’s choice of course.
There is doubt related to the acceptance letter
It needs to be proved by the applicant that the documents provided during the visa application are correct, and no doubt can arise in this respect by any prudent man. Hence, the visa officer’s refusal of study visas is unreasonable, and the visa officer did not follow the due process.
Doubt arising out of travel history and identity
Suppose the reason for student visa refusal is the travel history or identity of the applicant. The applicant must establish to the federal court that documents verifying travel and identity are readable and have no ambiguity. Rejection of visa officers based on travel history or identity is unreasonable due to not following the due process of law.
Do you need assistance taking out GCMC notes and further assistance with your appeal against student visa refusal? Kurzfeld law of immigration is a premium and recognized law firm. Over the years, we have assisted thousands of candidates in achieving their aspiration of studying in Canada. You can call us at 647-792-8824 or you can contact us on our website.