Dear Mr Brown:

My applications for visas keep getting refused. It is very frustrating. I have been trying to visit my family in Canada for years. The system seems very unfair. They mentioned family ties as the reason. I am not sure why that is relevant. But I do have family in Jamaica and I wish to visit my family in Canada. Please advise.

— KW

Dear KW:

I understand your frustration. Recently, I read about a case in which an international lawyer, specialising in human rights and immigration, suggested that the Canadian immigration system is unfair and discriminatory when granting visitor visas.

More specifically, it has been charged that it is “almost impossible” for a tourist to visit Canada, if that tourist does not meet certain “generic criteria”, as opposed to the circumstances of the individual because Immigration, Refugees and Citizenship Canada (IRCC) wants to make sure that visitors return to their home country, instead of overstaying or filing a refugee claim.

Generic factors

It seems that countries with political or economic instability are most at risk. Generic factors refer to criteria such as wealth, employment, and family status. For example, it may be harder for a single, young woman with less economic stability to obtain a visa, than it would be for an older male with assets in his country of origin.

These observations were articulated after a case involving a man from Saskatchewan, Mr Kongawi, who has been attempting to have his parents from the Democratic Republic of Congo visit him in Canada for 13 years, believes that the refusals are based on the parents’ country of citizenship.

Underfunded system

It has been argued that the Canadian immigration system is underfunded and that visa officers are overloaded. Therefore, visa officers who are overwhelmed, overworked and make decisions quickly based on generic factors, rather than all of the facts of the individual case.

Kongawi moved to Saskatchewan 22 years ago from the Democratic Republic of Congo. He originally entered Canada with a study permit, but claimed refugee status for fear of becoming a child soldier back home. He has since become a Canadian citizen. Apparently, immigration officials were not convinced that his relatives would return to their country after their visas expired.

Refusal rate

From 2004 to 2015, Canada declined on average 18 per cent of applications for visitor visas in all countries. During the same period, the average percentage of visas denied to nationals of the Democratic Republic of Congo was 58 per cent. This is the basis of the criticism that the system is unfair.

The Canadian government does not have data on the number of Congolese nationals who do not return home after their visitor visa expires. Accordingly, it has been suggested that the refusal rate for the Democratic Republic of Congo is inequitable and discriminatory.

In response, IRCC maintains that “requests from around the world are examined uniformly and according to the same criteria, regardless of the applicant’s country of origin.”

Basis of refusal

The point I am trying to make by using that case as an example, is that there is a perception that visa applications are refused for not meeting generic criteria and failing to consider personal circumstances. The IRCC will refuse temporary resident visa applicants for:

• Failing to meet the eligibility criteria.

• The applicant or family member being inadmissible

• The officer not being satisfied that the applicant will leave Canada at the end of the authorised period.

Foremost among the visa officer’s concerns are the determination that an applicant is a genuine visitor, rather than a person who may be seeking to stay permanently in Canada after admission, and the determination that the visitor does not belong to the classes of inadmissibility.

The basis of a visa refusal entails aspects that are extremely subjective. However, economic and social ties of the individual, as well as economic or political instability of the country of origin are relevant factors to consider in evaluating whether one will leave Canada. Moreover, an applicant is not limited to the information or documentation they wish to submit as part of the application to build a case.

I am not sure how many times you were refused. However, I would suggest ordering your immigration file to learn the complete basis and rationale of the refusals, so that the specific concerns of the immigration officer can be addressed.

Please visit jamaica2canada.com for additional information on Canadian Permanent Residence programmes, including Express Entry, the Study and Work progamme, visitor’s visas or appeals, etc.

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