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How to know the real reason for Canada visa refusal!

When your Canadian immigration application is refused, you do not get a detailed explanation for the refusal unless you make a special request. Watch now for more!!

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Welcome back.

My name is Donovan Francis, and I'm a Canadian immigration lawyer, and I help skilled workers who are inside Canada, and those were outside Canada, to become Canadian permanent residents without having to deal with all of the complicated legal issues that are part of that process.

When your application to be admitted into Canada is rejected, the immigration authorities provide you with a very generic letter informing you of the refusal. But how do you learn about the real reasons for the refusal, the reasons that led the officer to refuse your application?
Oftentimes when an application is made either for Canadian permanent residency or for temporary residency, whether you're coming as a student or as a worker, oftentimes those applications may be refused. And when an application is refused, the immigration authorities will send you a letter that tells you that your application has been refused, and that provides you with very generic reasons as to why your application may have been refused. So, it may say that you do not meet the requirements to show that you have sufficient ties to your home country or something to that effect if that's the reason, or the reason may be something else. But generally speaking, whatever the reasons provided in those communications from the immigration authorities, they're going to be a standard templated responses, generic responses, that are provided to every applicant whose application is refused. Of course, the generic response will be dependent on the broad reason for which your application was refused.

What you do not get, however, are detailed notes as to why the immigration officer would have refused your application. Now, getting detailed notes is important, because what it means is that if and when you decide to reapply, you want to understand the specific reasons why your application was originally refused so that you would be in a position to address those reasons in new application. If you don't do that, then your new application is just going to be refused just like the first one was because the issue, the real issue, would still be unresolved. So, you want to understand the officer's reasons, and the way to do that is to get the officer's detailed notes explaining why that officer decided to refuse your initial application.

Now, as I indicated earlier, these notes are not provided to you at the point in time when your application is refused. In fact, there was a point in time when you would not have been able to even get the officer's notes had you asked for it. But thanks to a case known as Baker versus Canada, Canada's courts ruled that where the immigration authorities have refused an application, then the authorities have an obligation, they have a duty to provide an explanation, to provide reasons for the refusal.

Now, what they don't have an obligation to do is to provide you with the officer's detailed notes at the point in time when they're letting you know that your application has been refused. And so what needs to happen, therefore, is that you or your representative will need to reach out to the immigration authorities and request a copy of the officer's detailed notes. And the way you do that is by filing what's called an ATIP request, so that's an Access to Information and Privacy request. Okay? So, that's something that's very specific. You'd be authorizing your representative to request that information on your behalf, especially if you're outside of Canada.
Donovan Francis:
And then it's going to take the immigration authorities a few weeks, perhaps four weeks or more, to get back to us with the actual notes that the officer would have made into the system, explaining why your particular application was refused. And then once we have those notes, then we will be in a better position to help you to address the underlying issues for your refusal, therefore allowing you to submit a much stronger application a second time around. Okay?
Donovan Francis:
So, I hope you found value from this video, and as always, remember to hit the subscribe button, like this video so other people can see more videos like this, and check us out on our website at go.gooselaw.com. Thank you.

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3 ноября 2020 г. 19:30:00
00:06:00
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