Visa Refusals, Mandamus, and Federal Court
Visa Refusals, Mandamus, and Federal Court
The decision of the Supreme Court of Canada in “Vavilov” (2019 SCC 65) set a new standard for decision making in immigration matters. Decisions must provide an analysis of your evidence, and an explanation of how the factors were assessed. The decisions in many visa refusals (study permits, work permits, and temporary resident visas) do not meet the “Vavilov” standard because typically, these decisions have resulted, in part, based on the use of artificial intelligence decision-making systems, and boiler-plate decisions. Watch for the following wording, “I have reviewed the application. I am not satisfied that you leave Canada at the end of your stay as a temporary resident,” which is often followed followed by one or more of the following standardized phrases:
” based on your family ties in Canada and in your country of residence”; or,
” based on the purpose of your visit”; or,
” based on your personal assets and financial status” or “socio-economic status”; or,
” Taking the applicant’s plan of studies into account, the applicant does not appear to be sufficiently well established that the proposed studies would be a reasonable expense”; or,
” there are less costly “similar programs are available closer to the Applicant’s place of residence for more competitive tuition fees.
” prior travel history is insufficient to count as a positive factor”; or,
” You were not able to demonstrate that you will be able to adequately perform the work you seek”; or,
” You have not demonstrated that you meet requirements for the job in Canada”;
The refusal decision typically will conclude with, “Weighing the factors in this application. I am not satisfied that the applicant will depart Canada at the end of the period authorized for their stay. For the reasons above, I have refused this application.”
The expected outcome of a Federal Court process is the cancellation of the refusal, with the case sent to a different officer, for a new determination.
If you find yourself in a refusal situation, please send an e-mail, and attach a copy of the refusal decision. We will provide our recommendation to: (1) re-apply with new information and documents to address the officer’s concerns; (2) or to consider Federal Court; (3) or, to look at options in other countries,
Note that there are only 60 days from when you receive your refusal decision to lock-in your legal recourse in Federal Court if you have an overseas decision. There are only 15 days, if you are inside Canada, for refusals or extension of status or inland permanent residence applications.
There is no cost to receive our information.. We will provide an explanation of the Federal Court process, time estimate, total cost “all in”, and we answer your questions, all the time.
For mandamus, please e-mail the date your application was received by the immigration office and the kind of application you have made. We will determine, at not cost to you, whether mandamus is a reasonable option. If mandamus is a reasonable option to consider, we will e-mail the details regarding the process, timing, and cost.