There are many reasons why your TRV could have been refused, but what options do you have now?

Can I file an appeal?

There needs to be a formal process or right to appeal within IRCC.  The only option would be to re-apply or judicial review.

A judicial review can be filed if IRCC did not follow due process; the visa officer did not assess the application properly despite being presented with a detailed and thorough application that highlighted all the necessary facts. 

To be granted leave via judicial review, one must prove that IRCC did not perform its job correctly.  Judicial review will only be successful if the original application presents a strong case for approval.

Can I re-apply again on my own?

Re-applying again on your own is futile.  Individuals will only learn this fact once they have applied two, three, or even four times and are refused.  The main issue here is that the foreign visa office will not respect another application submitted by an individual applying independently. 

The visa offices are bustling and have government employees reviewing applications.  These government employees can be lazy and don’t want to waste their time reviewing a subsequent application by an individual, given a recent refusal. 

As soon as they see a previous refusal within the same year, they will only accept it again after reviewing the application.  While this seems unfair, this is what happens.

How Can a Law Firm Help?

Clients contact our law firm after one or more refusals, and we can help individuals obtain a TRV visitor visa successfully.  When a lawyer is involved, the visa officers pay more attention when assessing an application. 

The main reason is that the visa officers respect that the best immigration lawyers are highly knowledgeable about immigration laws and understand that proper due process and procedural fairness must be followed.  Otherwise, a lawyer will challenge the visa officer’s decision via judicial review. 

If a visa officer refuses an application, they must justify the refusal based on the facts presented in the application.  If a lawyer and the visa officer presented a strong case and refused the application, this scenario would be worthy of judicial review. 

The visa offices and IRCC prefer to save time and resources with the Judicial Review process.  If a lawyer presents a robust application with no grounds to justify a refusal, they approve the TRV visa instead of facing a Judicial Review.

In most cases, working with the best immigration lawyer to prepare and re-submit a more robust application and presenting the case often leads to approval.  The visa officer can see that the application is being submitted through a law firm’s Representative Portal and the lawyer’s attached submission letter.

  Our firm typically drafts a 4 -5 page submission letter presenting each client’s application, highlighting the necessary facts to address all 13 reasons for refusal. 

Where necessary, our firm will also include case law from the Federal Court to address unfair reasons for refusal, such as Lack of Travel History, Strong Ties to Canada, and Not Likely to Return Home. 

Clients can see the case we present for their application, as our firm will always send a copy of the submission letter for review to a client before submitting their application.

Conclusion

The Travel Visa (TRV) application has been refused. Despite the best efforts made, the authorities have determined that the criteria for obtaining the visa were not met. This outcome may be disappointing, but it is essential to carefully review the refusal letter to understand the reasons for the decision.

Seeking professional guidance or reapplying after addressing the issues cited may increase the chances of a successful application in the future. Remember, each case is unique, and persistence in following the correct procedures and providing accurate information remains vital for visa approval.

FAQ:

1. Why was my TRV application refused?

Answer: The specific reasons for the TRV refusal will be stated in the refusal letter from the immigration authorities.

2. Can I appeal the TRV refusal decision?

Answer: Depending on the country and the type of visa, there might be an option to appeal the decision. Check the refusal letter for details.

3. Can I reapply after a TRV refusal?

Answer: Yes, you can reapply for a TRV after a refusal. Ensure you address the reasons for the refusal in your new application.

4. Can I apply for a different type of visa after a TRV refusal?

Answer: Yes, you can apply for a different type of visa that aligns better with your purpose of travel.

5. Can I get more information about the TRV refusal reason?

Answer: The refusal letter will provide details about the specific grounds for the TRV refusal.