No formal right to an appeal for temporary residence in Canada
Dear Mr Brown,
I just got rejected for a study visa and this is my first time being rejected for any visa. The refusal is not justified, as I submitted everything and I am qualified. I need your expertise in reapplying for a study visa for January 2021. A friend of mine claims the High Commission of Canada in Jamaica is just rejecting everyone who apply over the last few months because of the pandemic. Do you know if this could be true?
— SP
Dear SP:
I have not received enough responses over the period to determine if they are rejecting everyone’s study permit applications. However, since I returned to the office last week, based on the activity at my office, there is definitely an uptick in refusals.
It is an unfortunate and disturbing pattern. I understand your frustration, however, we have no control of the matter. We can only respond to it.
Immigration file
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 decision.
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.
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. Sometimes the file exposes a decision that is unreasonable and/or unjustified in law. As such, the only way to know the true basis of the refusal decision is to review the actual file.
Resubmit application
The best option is to review your actual file to understand the complete basis for the study permit denial. I can assist you with the process of obtaining and reviewing your file to make the resubmission. I suggest that once the file is reviewed, you may then resubmit 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, in light of the pandemic. However, this is the tool to address such matters.
Please note that it takes around a month to obtain the file. Accordingly, it could be possible, at this point, to still be able to attend school for January.
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, et cetera.
Antonn Brown, BA, (Hons), LLB, MSc, RCIC, is an immigration counsel and an accredited Canadian education agent of JAMAICA2CANADA.COM — a Canadian immigration and education firm in Kingston. Send questions/comments to jamaica2canada@gmail.com
