Obtaining immigration file after Canada visa denial recommended


Obtaining immigration file after Canada visa denial recommended

Jamaica To Canada

Wednesday, October 16, 2019

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Dear Mr Brown,

I received a refusal of my visitor's visa application, in which it stated that I would not return to Jamaica due to my financial status and travel history. I do not understand this decision, because I have travelled to the United States and I showed around J$400,000 in funds. Also, I find it curious that the letter was from Trinidad when I live in Jamaica. Please advise.

— AC

Dear AC:

There is no requirement for a visa officer to give written or oral reasons for their decisions. The refusal letter that you received is a standard, generic document that outlines the general conclusions regarding the refusal, which is usually comprised by cutting and pasting pre-constructed general statements for denial.

As such, the refusal letter does not illuminate the underlying reason or rationale for the decision pertaining to your specific case. In other words, the refusal letter states conclusions, without explaining them or the thoughts of the visa officer, as to how the decision was reached to refuse your application.

However, your file contains the notes from the visa officer which do explain or provide the rationale for the decision. There are many instances in which the visa officer has a problem with something that the applicant thinks is not problematic and vice versa.

Examples may include:

• The format of a bank statement;

• Recently deposited funds;

• Funds that do not seem to be commensurate with wages or salary.

As such, the only way to know the true basis of the refusal decision is to review the actual file.

Immigration file

I always recommend obtaining the file after receiving a refusal to assist with potential applications. All file requests are processed through a CIC department in Ottawa, Canada, rather than through the local visa office.

Please be advised that under most circumstances, you will be unable to request your file yourself, as the Canadian law that allows access to immigration files restricts who has access to this information. However, if you wish, as an authorised legal representative, I can definitely assist you in obtaining the file on your behalf and go through it with you to provide meaningful guidance.

Visa offices

In response to your query concerning a visa from a different visa office, I can state that, at times, applications are processed from other Canadian visa offices for efficiency. I have submitted many applications for visas and study permits from Jamaica that are processed from visa offices in Trinidad, Mexico and Cuba. It is workload sharing and re-distribution between visa offices. It is not a cause for concern. Moreover, as the applicant, you would have no control over such a matter.

Please visit jamaica2canada.com for additional information on Canadian Permanent Residence programmes, including Express Entry, The Study & Work programme, Visas or Appeals, etc.

Antonn Brown, BA, (Hons), LLB, MSc, RCIC, is an immigration counsel and an accredited Canadian education agent of JAMAICA2CANADA.COM — a Canadian immigration & education firm in Kingston. Send questions/comments to jamaica2canada@gmail.com.

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