Applying for a visitor visa to Canada should be a straightforward process when you have a strong history of travel and solid finances. However, even the most qualified applicants can face unfair refusals.
Recent client experience
Recently, our firm represented “Mr. B,” a senior government engineer with a stable career and a high net worth of over $1 million CAD. Mr. B wanted to visit Canada to see his son, who is currently completing his university studies, and to attend his niece’s wedding. Mr. B had an impeccable travel history, having visited countries like Italy, Germany, and Switzerland without incident.
Despite this, his application was refused. The Visa Officer’s notes claimed there was “insufficient proof of relationship” between Mr. B and his hosts. This finding was demonstrably false. Mr. B had submitted birth certificates and marriage records that clearly established his relationship to both his son and his niece. It appeared the Officer had simply failed to review the evidence on file.
How was the unfair refusal dealt with
Mr. B retained Chaudhary Law Office to challenge this unreasonable decision. We filed an Application for Leave and Judicial Review in Federal Court. We argued that the Officer made a palpable error of fact by ignoring the vital documents submitted and failed to properly assess Mr. B’s strong “push and pull” factors, most notably his significant economic ties and government employment that would ensure his return home.
Recognizing the strength of our legal arguments, the Department of Justice conceded the case before it even reached a hearing. They presented a settlement offer to set aside the refusal and have the application re-determined by a different officer.
Don’t let an administrative error stand in your way. If you have received an unfair refusal, you have options.
We can help you explore those options and asses your situation. Contact Chaudhary Law Office today for your immigration needs.
This post was made with the assistance of intern Eleni Yeostros.
