Visitor visa refused: reading the letter and next steps

What the refusal letter is telling you

Under section 179 of the Immigration and Refugee Protection Regulations (IRPR), an officer issues a visitor visa only if it is established, after an examination, that the applicant meets each requirement on a short list. A refusal means the officer was not satisfied on at least one. The ones that come up most:

Leaving at the end of the stay (s.179(b)). The officer was not satisfied that you would leave Canada by the end of the authorized period. IRCC names this as one of the common reasons for refusal.
Inadmissibility (s.179(e)). For example on criminal, medical or misrepresentation grounds. This needs a different response from weak ties.
Travel document and other requirements (s.179(c), (d) and (f)). A passport or travel document that does not meet the rule, a requirement of the visitor class that was not met, or a required medical exam that was not completed.

Look at the factors the letter lists next to the conclusion. IRCC says you must convince an officer that you have ties to your home country, such as a job, a home, financial assets or family, that you will leave at the end of your visit, and that you have enough money for your stay. A refusal on these grounds is an assessment of your evidence, not a finding of wrongdoing.

The possible next steps

The routes can be combined, but the order matters, because one has a short legal deadline.

Reapply with new evidence

When your situation has changed, or your first file left out evidence that answers the officer's concern.

Request the officer's notes

A Privacy Act or Access to Information Act request shows what the officer recorded, so a new application can target the real concern.

Seek judicial review

An application to the Federal Court if the decision was unreasonable or the process unfair. The deadline is short.

Wait and build the file

If the trip is not urgent, strengthen the evidence first, for example a longer employment record.

Reapplying: only with something new

IRCC says that applying again with the same information will likely not change the decision, even if a representative submits it. IRCC also says that hiring a representative does not, on its own, improve your chances. What can change the result is new information or documents that address the reasons for refusal.

IRCC gives examples of changes that can matter: a different purpose for the visit, a change in your employment or financial situation, approval for criminal rehabilitation, or a change in the reasons for medical inadmissibility. Even with a real change, approval is not guaranteed. IRCC's guidance on refused visitor visas does not set a waiting period, so the question is not how long to wait but whether your file is now different.

In a new application, deal with each refusal reason openly. A short letter on what has changed, with a document behind each point, is easier to assess than a larger pile of the same papers.

Seeing the officer's notes first

The refusal letter gives the conclusion. The officer's notes in IRCC's case management system (GCMS) can show more of the reasoning: which documents were considered and what the officer found missing or unconvincing. According to IRCC, a Privacy Act request is free and open to foreign nationals wherever they are located. Our article on GCMS notes explains how to make the request and how to read the result.

IRCC's legislated time to respond is 30 calendar days, and it can be extended. If you are considering judicial review, do not wait for the notes. The Federal Court deadline runs from the day you were notified of or became aware of the decision, not from the day your notes arrive.

Judicial review at the Federal Court

Judicial review is not a second assessment of your evidence; the Court looks at whether the decision was reasonable and the process fair. Under section 72 of the Immigration and Refugee Protection Act (IRPA), it starts with an application to the Federal Court for leave. Under s.72(2)(b), the application must be filed and served within:

15 days for a matter arising in Canada, or
60 days for a matter arising outside Canada,

counted from the day the applicant is notified of or otherwise becomes aware of the matter. A judge may allow more time for special reasons (s.72(2)(c)), but do not count on it. The Federal Court form is Form IR-1, Application for leave and for judicial review.

A decision on leave cannot be appealed (s.72(2)(e)). If the Court finds the officer's decision flawed, it can set it aside and refer the matter back for a new decision (Federal Courts Act, s.18.1(3)). In the Federal Court, an individual acts in person or is represented by a lawyer (Federal Courts Rules, rule 119). If judicial review is realistic in your case, we can refer you to an immigration lawyer; contact one quickly.

Points to check in an Iranian file

Ties to Iran. Show the job, home, assets and family that IRCC names, with documents: an employment letter stating your position, salary, start date and approved leave; property deeds; evidence that a business keeps running while you travel. If your children or other close family live in Canada, explain clearly what keeps you in Iran.
Travel history. IRCC says previous visas and stamps can show that you have obtained visas in the past. Include earlier visas and passport stamps, also from old passports. A short travel history means the rest of the file has to be stronger.
Funds. IRCC says the amount you need depends on how long you will stay and whether you stay in a hotel or with family or friends. It recommends at least six months of bank account details. Explain the source of any large recent deposit.
Purpose. Say why you are travelling, for how long and when you will return. An invitation letter can confirm the purpose and an itinerary shows what you will do. The trip length should fit your leave from work.

What not to do

A refusal for weak ties can be addressed with better evidence. A finding of misrepresentation is far harder to overcome. Under IRPA s.40(1)(a), a person is inadmissible for directly or indirectly misrepresenting or withholding material facts that induce or could induce an error in administering the Act. For a determination made outside Canada, the inadmissibility lasts five years from the final determination, and during that period the person may not apply for permanent residence (s.40(2)(a) and (3)).

Do not submit bank statements, employment letters, deeds or invitation letters that are altered or not genuine.
Do not leave out an earlier refusal, from Canada or another country, when a form asks about it.
Be wary of anyone who offers to improve your file with documents you did not provide. Because s.40 covers indirect misrepresentation, you can be held responsible for what someone else submits for you.

General information only. This article explains the rules in general terms and is not legal advice for your case. Before reapplying or going to court, have the letter and, if possible, the officer's notes reviewed by an authorized representative.

Visitor visa refused: reading the refusal and choosing the next step.