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Temporary Resident Visa Refusals – Trends, Litigation and Future, 2021-22



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 

There are many reasons for refusal, depending on the type of visa.

A visa refusal means the applicant did not establish eligibility for a visa to the satisfaction of the officer, as is required under IRPA.
The type of Visa refusal will determine weather or not your client is a good candidate for an appeal. An appeal may be a viable option if you believe that the immigration officer made an incorrect decision when they refused client’s application.

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. 


Temporary Visa/Permit Refusal 

–  Overview 

Study Permits 

– Trend

    • Relevant statistics on latest SP refusals (by country and year).
    • Artificial Intelligence: Chinook and Lack of transparency 
      • How it works and impact on refusals.
      • The case of Officer SP 16695.  
      • Change in format of applications

–  Study Permit Refusals at the Federal Court

    • 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

    • 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

    • Language Requirement: Latest Cases
    • Relevant Experience: Latest Cases
  • Credibility: Latest Cases

–  Tips for Practice

    • Addressing the language requirement issue.
    • Addressing Work Experience.
    • Compelling need for the foreign worker? Make it clear




Visitors Visas 

–  Trend:

    • Huge backlogs remain for application submitted prior to September 7, 2021. 
    • Pros and Cons of new TRV Portal:
      • Lack of transparency.
      • Quick Processing time, but at what costs? 
      • Impact on complicated applications. 
  • Extra steps to have clients confirm information

–  Litigation:

    • 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.

–  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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