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10+ Years of Litigation Experience
High success rate/complex cases
India Office/Barrister presence
Let's win together
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Was your visitor visa (TRV) application to Canada is refused, the process to address this involves several steps:
Having a refusal on a Visitor Visa can be really disappointing, especially at times when you just want to visit your loved ones, attend an important event, or take a much-needed trip. Many people feel confused and frustrated after a refusal, especially if they thought they submitted everything correctly. Officers may refuse an application if they feel you are not likely to return to your home country, or you don’t have sufficient funds, or if some documents are missing, etc. Even a small and minute mistake can lead to rejection. That’s why it helps to have a Canadian Immigration Lawyer represent you. After a refusal, it’s important to understand what went wrong and how to improve your application. A Canadian Immigration Lawyer can carefully review your case, explain the reasons for the refusals in simple terms, and help you fix those issues. They will guide you in collecting the right documents, writing a strong explanation letter, and clearly showing your purpose of visit and ties to your home country.
Steps to Address a Visitor Visa Refusal:
1. Understand the Refusal Reason:
- Review the refusal letter carefully to understand why the visa was refused. Common reasons include insufficient financial proof, lack of ties to the home country, or incomplete documentation. You may also apply for your GCMS notes through an Access to Information and Privacy Act (ATIP) to know more details about your refusal. Unfortunately, in our experience these notes are as cryptic and generic as the refusal letter, and you do not learn much from the notes.
2. Gather Additional Evidence:
- Based on the refusal reasons, collect additional evidence or documentation to address the issues raised. This might include updated financial statements, additional proof of ties to your home country, or corrected application forms.
3. Reapply or Judicial Review in Federal Court of Canada:
- Reapply: Submit a new application with the additional evidence and a clear explanation of how the issues from the previous application have been addressed. In our experience, addressing the concerns through a Canadian sworn Affidavit can have high evidentiary value and combining this Affidavit with legal submissions of an Immigration Lawyer (Barrister) can be a highly effective remedy.
- Judicial Review: If reapplication is not an option or if you have already had multiple refusals in the past, consider Judicial Review. In Canada, the process of challenging an immigration decision by IRCC involves applying for judicial review in the Federal Court of Canada. The visa/ immigration officer will be defended by the government lawyer/ department of justice and you should equip yourself with an experience Canadian Immigration Lawyer (Barrister).
4. File for Judicial Review:
If you believe the visa refusal was unjust or made in error, you can file an application for judicial review in the Federal Court of Canada. This involves:
- Filing the Application for leave and judicial review: Draft a legal document outlining the grounds for review and how the refusal was wrong.
- Receive the written reasons: Immigration will produce the written reasons for the decision to the Federal Court.
- Submit the Applicant’s Record: File the written arguments with the Federal Court.
- Court Hearing: Your Immigration Lawyer (Barrister) will attend a court hearing where a judge will review the decision made by IRCC.
- Settlement: If your case has merit and your Immigration Lawyer (Barrister) can convince and negotiate with the Department of Justice an out of court settlement is reached in most of the cases. This can save substantial time, costs and efforts to both IRCC and to you.
Timeline for Federal Court of Canada:
- Always remember that you have 15 days (inside Canada) and 60 days (outside Canada) to challenge a Canadian immigration refusal in the Federal Court of Canada. Although extension of time is possible it reduces your chances of success at the Federal Court of Canada.
- While applying for the GCMS notes through an ATIP is sometimes helpful, they do not offer much rationale to the decision. Do not make the mistake of applying for GCMS notes through an ATIP and missing your court limitation date.
- While reconsideration requests are sometimes helpful, they are nothing more than requests and a reply is never guaranteed. Do not make the mistake of applying for reconsideration and missing your court limitation date.
Role of a Canadian Immigration Lawyer (Barrister) in Federal Court
- At Fateh Law Corporation, Mr. Fateh has over 10 years of litigating experience in the Federal Court of Canada. An experienced Canadian Immigration Lawyer (Barrister) can be highly beneficial in this process, especially for effective judicial review settlements and Decision:
- Legal Expertise: An Immigration Lawyer (Barrister) can provide expert advice on the grounds for judicial review and help frame the application in a legally sound manner.
- Drafting and Filing: They can draft the application for judicial review, ensuring that all necessary legal arguments are included and that the application meets court requirements.
- Representation in Court: An Immigration Lawyer (Barrister) can represent you in the Federal Court, presenting your case effectively and arguing for the reversal of the visa refusal. Only Canadian Barristers and Solicitors can represent clients in the Federal Court of Canada.
- Navigating Legal Procedures: They can guide you through the complex legal procedures and deadlines involved in the judicial review process.
- Increasing Success Chances: With their expertise, Immigration Lawyer (Barrister)’s can increase the likelihood of a favorable outcome by addressing legal nuances and procedural issues that may affect the case.
See our videos regarding the Visitor Visa refusals, where we proudly share the voices of those who have experienced firsthand the dedication and expertise of our law firm. In these videos, you’ll hear directly about our clients about their journey with us, highlighting our services and the positive outcomes we’ve achieved together.
All videos are with Client’s consent and for information only. Please book a paid consultation for legal advice.
why choose us
10+ Years of Litigation Experience
Hight success rate/Complex Cases
India Office/Barrister Presence
Let's win together
Please feel free to contact us. We will get back to you with 1-2 business days. Or just call us now.
Our Client Reviews
I met with Fateh sir and i got to know about it through Instagram. Sir is very humble and polite and have a great knowledge about canadian visa and immigration process so, if you have any queries kindly contact him.
Very good. That's what Sir, I found something very bad, that's what I wanted to say, when the refusal came in the file, then I must see it once, Navratan Sir.
My husband is in Canada on a work permit and I wanted to apply for a spouse visa for myself and a study visa for my son. We say that the processing times have increased to 6.5 months. My husband had applied through Mr. Fateh and we had full faith in him. He offered us a discount because we were existing clients and did my details affidavit with my application. He also gave legal submissions and added all evidence to our file. I was surprised when I got a call from Monika that both our files had been approved within 2 months. I am very very happy with their services and I would highly recommend them to anyone looking for good quality and a Canadian lawyer in India. Priya maam and Monika provided regular updates and I always felt that I was a top priority in the office. I rate them a full 5 stars.
Best service received. Very professional and expert in the field of immigration law. My wife is in Canada and I wanted to apply for a spouse visa. My case was very complicated and all consultants said that they did not know how to deal with my case or that I had no chance of approval. I knew my case was complicated and anyone who is not a lawyer will not be able to understand it. My wife was searching for a Barrister in Canada but it was very difficult to explain my case because I was in India and they were in Canada. Then I found Mr. Fateh in India. He had dealt with complicated cases like mine before and had also won them in federal court. My case was so difficult but Mr. Fateh spent many hours getting my Canadian affidavit ready which explained my entire case. With his legal submissions everything was done to perfection. Normal spouse visa takes 5 months and I was sure my case would take 1 whole year. I was surprised and full of happiness when my spouse visa was approved within 2 months. I would like to give Fateh law office 5 stars for excellent service and highly recommend Fateh sir because of his experience in Canadian law. They are the best law firm for immigration in India.
I had been wanting to go meet my brother in Canada, but I had been refused twice for a visitor visa, thankfully this time I took the services of Fateh Law Corporation who not only did my application but also took my case to the court when I was refused and got a settlement to reopen my file . Despite the settlement, my file did not reopen and the team at Fateh Law Corporation went to court again and filled a mandamus case and because of this pressure, IRCC reopened my file, and I got my visa. I feel lucky that I chose a Fateh Law Corporation for my file, and I am very thankful for the work they did. I would highly recommend them to anyone looking for genuine immigration advise.
I had been wanting to visit Canada and meet my brother who is a Canadian Citizen but unfortunately had been refused a Visa saying that my assets were not enough even though I had enough money as per my CA report. I luckily found out about Fateh Law Corporation. They applied with a perfected application but unfortunately, I was refused again. The advantage of hiring Fateh Law Corporation came in here because as a law firm they were able to challenge the decision in Court and I successfully got a visa after IRCC settled with us seeing my strong case. It was a long battle in court but we eventually won. I couldn’t be happier with the good Work done by Mr. Fateh and his team. Having a Canadian Lawyer here in India is very helpful and I would urge anyone who has been refused a Canadian Visa to take the services of Fateh Law Corporation and engage a lawyer instead of random consultants.
We are highly satisfied with the services of Fateh Law Corporation.
We are thankful to Mr. Navratan Singh Fateh for getting our TRVs approved.
We had a complicated immigration history in the US, which was very well explained in the Canadian Affidavit executed by Mr. Fateh.
The legal strategy used by Mr. Fateh to submit our applications is commendable, and we are pleased with the positive outcome we have received from having our applications approved in the first go.
We highly recommend the professional services rendered at Fateh Law Corporation and the polite and friendly staff who patiently handled all our queries and helped us secure our visitor visas in time to participate in the wedding ceremony of the devotees.
We are thankful to Mr. Navratan Singh Fateh for getting our TRVs approved.
We had a complicated immigration history in the US, which was very well explained in the Canadian Affidavit executed by Mr. Fateh.
The legal strategy used by Mr. Fateh to submit our applications is commendable, and we are pleased with the positive outcome we have received from having our applications approved in the first go.
We highly recommend the professional services rendered at Fateh Law Corporation and the polite and friendly staff who patiently handled all our queries and helped us secure our visitor visas in time to participate in the wedding ceremony of the devotees.
