I understand that a lot of people believe that when a refusal letter is issued to an Applicant for Permanent Residence, Study/Visitor’s Visa or Refugee Status (to mention but a few), the Applicant’s only option is to re-apply (assuming there was no ban and re-application is even an option which is not the case for Refugee Applications).

The fact is that when an Applicant believes that the refusal was unfair or unjustified, for instance, if it was based on the fact that said Applicant did not provide some of the required information/documentation which they did or there are sufficient grounds to challenge the Decision an Applicant is allowed to apply to the Federal Court in Canada for Leave(permission of the court to apply for Judicial Review) and Judicial Review of the Decision. There are specific timelines within which an Applicant must bring the Application and we recommend that all Applicants retain an Immigration Lawyer to assist with the process. This process applies to temporary resident visas, student visas, and applications for Permanent Residence. With the right set of facts and a solid argument, there is usually a pretty good chance of overturning the Decision and having the Application re-assessed by a different visa officer. It is my hope that this post has been educational and that it will encourage the readers to take steps to fully explore their legal options in the event of an unjustified refusal.

If you would like legal assistance with challenging a refusal please contact us by sending an email to info@omenelegal.ca or by calling +1(587) 288-5856.