Dear Mr Brown:

I was denied a Canadian study permit on grounds that I do not understand. The refusal letter checked my “purpose of visit” and stated that “my studies are secondary to my real intent” and that “there are cheaper or similar courses” that I could do locally. I am very frustrated. Can I appeal the decision? I would still like to study in January 2017.

— POJ

Dear POJ:

That decision is unfortunate. The letter provides very little guidance. In fact, those conclusions could be stated for every submitted application. I understand your frustration. However, you have no control over the matter. You can only respond to it. I am not sure which programme you planned on pursuing, so I can only provide a general response.

There is no formal right to an appeal for temporary residence in Canada, which includes study permits. Furthermore, there is no requirement for an immigration officer to give written or oral reasons for their decisions.

The refusal letter that you received is a standard document, which outlines the general conclusions regarding the refusal. The refusal letter often states conclusions without explaining them or the thoughts of the immigration officer as to how the decision was reached to refuse your application. However, your file contains the notes from the immigration officer which do explain or provide the rationale for the decision. There are many instances in which the immigration officer has a problem with something that the applicant thinks is not problematic and vice versa. As such, the only way to know the true basis of the refusal decision is to review the actual file.

Resubmit application

As per your stated concern, the best option is to review your actual file to understand the complete basis for refusing the study permit. I can assist you with the process of obtaining and reviewing your file to make the resubmission, if you would like. I suggest that once the file is reviewed, you may then re-submit an application while addressing the concerns of the immigration officer in the previous application. This may increase the likelihood of obtaining the study permit. I am not suggesting that there are any guarantees of success, but this is the tool to address such matters.

Please note that it takes about a month to obtain the file. As such, it may not be possible at this point to still be able to attend school for January. However, you may defer your studies until May or September, depending on the availability of the programme.

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