Introduction
At Fateh Law Corporation, we have witnessed a drastic increase in Super Visa refusals for parents and grandparents of Canadian citizens and permanent residents. The trend is concerning, especially as artificial intelligence (AI) plays a greater role in decision-making, often leading to unreasonable refusals.
This case study delves into the incredible story of a recent Super Visa success, where our client faced overwhelming odds. With a complicated immigration history and a five-year misrepresentation ban (2019-2024), our client’s chances of obtaining a visitor visa, let alone a Super Visa, were extremely low. However, through meticulous preparation, strategic legal submissions, and strong supporting evidence, we secured an approval in just 12 days—far shorter than the 128-day processing time for India.
The Client’s Immigration History: A Tough Battle Ahead
Our client, a father of two Canadian-based children, had previously faced an immigration setback due to misrepresentation. This led to a five-year ban (2019-2024), making any future applications highly scrutinized. Canadian immigration authorities take misrepresentation very seriously, often treating previous violations as indicators of potential future risks.
Given the past misrepresentation finding, any application from this client would be met with intense scrutiny. His chances of obtaining a visitor visa were already slim, and applying for a Super Visa—a long-term, multiple-entry visa for parents and grandparents—was an even greater challenge.
A Medical Emergency: The Catalyst for Urgent Action
In early 2025, the client suffered a heart attack in India, requiring immediate medical attention and ongoing care. His two children—one a permanent resident and the other a Canadian citizen—rushed to India to be with him.
Recognizing the urgent need for their father to be in Canada for further medical care and emotional support, they contacted Fateh Law Corporation while still in India. Given the complexity of the file, we knew we had to act swiftly and strategically.
Legal Strategy and Preparation: Setting the Stage for Success
Our approach focused on building an airtight application with compelling supporting documents. Here’s how we structured our strategy:
- Canadian Affidavit of Invitation & Financial Support: The children executed an affidavit in person before Mr. Fateh 🦅, affirming their financial ability and commitment to supporting their father.
- Remote Affidavit Execution: Due to his bedrest condition, the father executed a Canadian affidavit remotely via video execution.
- Strong Humanitarian Grounds: We emphasized the medical urgency and the emotional well-being of the client and his family.
- Comprehensive Legal Submissions: A detailed submission was prepared, addressing past immigration issues while demonstrating that the client had fully complied with the five-year ban and was now eligible for entry.
- Preparedness for Judicial Review: Given the high likelihood of refusal, we structured the application so that, if denied, we could immediately challenge the decision in the Federal Court of Canada.
The Application Process & The Unexpected Approval
- Application Submitted: February 6, 2025
- Published Processing Time for India: 128 days (as of February 25, 2025)
- Approval Received: February 18, 2025 (in just 12 days!)
Given the nature and complexity of the case, we were prepared for a refusal and ready for a Federal Court challenge. However, to our surprise and delight, the visa was approved in record time!
Why Was This Application Approved So Quickly?
This case underscores a critical lesson in immigration law:
✅ A well-prepared, well-structured, and well-supported application can significantly improve approval chances.
✅ Reducing the visa officer’s workload by presenting clear, concise evidence helps expedite the process.
✅ Legal precision and strong advocacy can overcome even the toughest immigration history.
The Bigger Picture: Rising Super Visa Refusals & The Role of AI
Fateh Law Corporation has observed a sharp rise in Super Visa refusals. A key factor behind this troubling trend is the growing use of AI-based decision-making tools. While AI can enhance efficiency, it also leads to increasingly rigid and unreasonable refusals, as it often lacks the ability to properly assess humanitarian factors and legal complexities.
As legal professionals, we fight back against these wrongful refusals by ensuring that applications are:
- Legally sound with clear supporting evidence.
- Structured for judicial review in case of rejection.
- Tailored to counter AI-driven inconsistencies in visa decisions.
Final Thoughts: A Call to Action
If you or a loved one has faced a wrongful Super Visa refusal, don’t lose hope. A reapplication with perfected legal submissions can make all the difference.
📩 Contact Fateh Law Corporation today! We specialize in:
🔹 Challenging wrongful refusals in the Federal Court of Canada
🔹 Crafting legally sound, high-success applications
🔹 Strategic reapplications after previous refusals
This case proves that even the most complex immigration histories can be overcome with the right legal strategy. If you need expert assistance, we’re here to help.
