Visa refusals are not uncommon, but when decisions are made on flawed grounds, it becomes essential to challenge them. At Fateh Law Corporation, we recently secured a significant settlement in the Federal Court of Canada for a client whose Temporary Resident Visa (TRV) application was refused multiple times. This blog delves into the intricate details of the case, how we tackled the challenges, and what this settlement signifies for applicants facing similar issues.

1. Background of the Case

Our client, a successful business owner from India, had faced an uphill battle in securing visas, with multiple refusals from various countries. His history made it even more challenging to obtain a TRV for Canada.

Before approaching us, he had already faced two rejections for his Canadian visa applications. These refusals were based on arbitrary grounds, and the lack of proper representation during his earlier applications compounded his challenges.

Recognizing the complexity of his immigration history, our client sought our expertise to prepare a fresh TRV application. Knowing that the process would be rigorous, we meticulously crafted a strategy to ensure his case was presented in the strongest possible light.

2. The Challenges of a Flawed System

Canada’s immigration system often faces criticism for perceived biases in its decision-making process. In this case, one of the core issues was IRCC’s apparent preference for employed applicants over business owners. This bias is problematic for several reasons:

  • Business Owners’ Ties to Home Countries: Business owners have substantial obligations, including managing operations, employees, and investments. These ties make them more likely to return to their home countries compared to employed individuals who can easily transition between jobs.
  • Misinterpretation of Financial Stability: Despite our client’s significant financial resources and established business, the refusal letter cited a lack of financial establishment in his country of residence.

These flawed assessments by IRCC underscore the need for meticulous representation and, when necessary, legal intervention.

3. Preparing a Perfected TRV Application

When preparing the new application, we focused on addressing every possible concern that IRCC might raise. Here’s how we approached the case:

3.1 Gathering Strong Evidence

We compiled comprehensive documentation to demonstrate our client’s ties to India, including:

  • Proof of business ownership, including registration documents, financial statements, and tax returns.
  • Evidence of assets and investments in India.
  • Personal ties, such as family connections and property ownership.

3.2 Crafting a Detailed Affidavit

To strengthen the application, we prepared a detailed Canadian affidavit. This legal document outlined our client’s purpose of visit, financial stability, and the temporary nature of his stay in Canada. The affidavit was instrumental in providing a narrative that aligned with Canadian immigration laws and policies.

3.3 Anticipating Legal Challenges

Understanding the possibility of a refusal, we prepared the file with the necessary evidence and arguments to approach the Federal Court of Canada for a judicial review if required. In the Federal Court, new evidence is not allowed; hence, the application had to be airtight from the outset.

4. The Visa Refusal

Despite our comprehensive preparation, IRCC refused the TRV application on October 2, 2024. The refusal cited:

  • Lack of purpose of visit.
  • Insufficient evidence of financial establishment.
    refused TRV application

TRV Refusal Reasons
This decision was particularly disappointing, given the robust evidence we had provided. However, we were prepared to fight back.

5. Taking the Fight to the Federal Court of Canada

On the same day as the refusal, October 2, we filed a judicial review in the Federal Court of Canada. Our client was determined to challenge the unfair decision, and we acted swiftly to build a strong case.

filed a judicial review in the Federal Court of Canada

5.1 Preparing the Record

The judicial review process is highly structured, and the applicant cannot introduce new evidence. Therefore, the focus was on:

  • Highlighting errors in IRCC’s decision-making process.
  • Demonstrating that the decision was unreasonable based on the evidence provided.

Errors in IRCC’s decision-making process

We submitted a record comprising approximately 324 pages of evidence and legal arguments. This included:

  • The original TRV application and supporting documents.
  • The refusal letter and its deficiencies.
  • Legal arguments and case law outlining why the refusal was unreasonable.

Evidence and legal arguments

5.2 Crafting Detailed Legal Submissions

Our legal arguments focused on the following points:

  • IRCC’s bias against business owners contradicted the principles of fairness and reasonableness.
  • The evidence clearly demonstrated our client’s financial stability and ties to India.
  • The refusal failed to adequately consider the documentation and explanations provided.
  • Relevant caselaw to support our case.

6. The Settlement

After reviewing our submissions, the Department of Justice offered a settlement on December 5, 2024. This settlement means that the TRV application will be re-determined by a different visa officer.

Department of Justice settlement

The settlement is a significant victory for several reasons:

  • It acknowledges the flaws in the original refusal.
  • It ensures a fresh review of the application, free from the biases or errors of the previous officer.

Settlement victory reasons

7. Implications for Future Applicants

This case highlights several critical aspects of the Canadian immigration system:

7.1 Importance of Strong Representation

A well-prepared application, backed by expert legal representation, can make all the difference. Without proper advocacy, applicants risk being unfairly denied visas.

7.2 Fighting for Your Rights

Challenging IRCC’s decisions in the Federal Court of Canada is a viable option for those facing wrongful refusals. While the process can be daunting, it often leads to fair outcomes.

7.3 Addressing Systemic Biases

Cases like this shed light on systemic issues within IRCC, such as biases against business owners. By bringing these issues to court, applicants can push for more equitable treatment.

Addressing Systemic Biases

8. Conclusion

At Fateh Law Corporation, we are committed to helping clients overcome immigration challenges and achieve their goals. This recent settlement is a testament to the power of persistence, preparation, and expert advocacy.

If you are facing wrongful visa refusals, don’t give up on your dreams. With the right support, justice is within reach. Contact us today to discuss your case and explore your options.

Contact us to book a paid consultation.

Fateh Law Corporation – Over 11 years of experience in immigration litigation.