Title of Program: Temporary Resident Visa Refusals - Trends, Litigation and Future, 2021-22
**** Video Only****
Seminar ID: TRL – 0522 May 19, 2022
(3 Credits, Approved by CICC)
Format: Watch Video
Language: English
Provider: Immigration Learning & Information Centre, IMLIN
Date: May 19, 2022
Time: 2:00:pm – 5:15pm ET
Expiry Date: May 19, 2023
Introduction:
There are many reasons for refusal, depending on the type of visa.
Presenter: Ali Esna, Immigration Litigation Lawyer
Ali is an immigration litigation lawyer at Esna Law firm. Previously, Ali practiced as a litigation lawyer at Mamann, Sandaluk & Kingwell LLP for over four years. Ali represents clients before the various Divisions of the Immigration and Refugee Board as well as the Federal Court, with a particular focus on matters involving inadmissibility issues. He has participated as a speaker at various immigration law conferences, and he also teaches the course Immigration and Refugee Board at the Humber College’s immigration consultant program.
AGENDA:
Temporary Visa/Permit Refusal
– Overview
Study Permits
– Trend
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- Relevant statistics on latest SP refusals (by country and year).
- Artificial Intelligence: Chinook and Lack of transparency
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- How it works and impact on refusals.
- The case of Officer SP 16695.
- Change in format of applications
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– Study Permit Refusals at the Federal Court
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- Financial Requirements: Latest cases.
- Purpose of Study: Latest cases.
- Availability of Local Options: Latest cases
– Tips for Practice
- Comprehensive statement from Applicant(s).
- Prepare your client for refusal.
- Scope of Reconsideration Requests.
- Make it Easy, Make it Reliable
Work Permits
– Trend
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- Country dependent, but refusals on the rise.
- Relevance statistics on acceptance and refusal.
- Backlog and lengthy waiting time.
– Work Permit Refusals at the Federal Court
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- Language Requirement: Latest Cases
- Relevant Experience: Latest Cases
- Credibility: Latest Cases
– Tips for Practice
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- Addressing the language requirement issue.
- Addressing Work Experience.
- Compelling need for the foreign worker? Make it clear
AGENDA:
Visitors Visas
– Trend:
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- Huge backlogs remain for application submitted prior to September 7, 2021.
- Pros and Cons of new TRV Portal:
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- Lack of transparency.
- Quick Processing time, but at what costs?
- Impact on complicated applications.
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- Extra steps to have clients confirm information
– Litigation:
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- Ties to home-country: Latest Cases.
- Traveling with immediate family members.
- Unconventional ties to home country.
- Ties to Canada.
- Travel History: Latest Cases.
- Accompanying spouse (WP and SP): latest Cases.
- Ties to home-country: Latest Cases.
– Tips for Practice
- Review previous applications. Always ATIP.
- Don’t provide evidence in your submission.
- Include statement from Applicant, addressing three relevant points:
- Purpose of Visit.
- Ties to home country.
- Don’t misrepresent for the purpose of “simplifying the application”.
- Address the weaknesses (Don’t shy away from them), bolster the strongpoints in your application.
- Previous refusal? Get the notes, address issues squarely and one-by-one in Applicant’s statement.
Closing remarks
– Questions and Answers
– Conclusion & closing comments
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