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Seeking advise for taking the case to federal court - visitor visa rejected for unreasonable reasons.

Shaparak1996

Full Member
Jun 13, 2022
49
5
Hello my friends,

I applied for my mother and my sister for a visitor visa to visit me in Canada while my father is staying in home country. My mother received passport request. However, my sister has been rejected due to "not having significant family ties outside Canada" and "the purpose of visit to Canada is not consistent with a temporary stay given the details provided in the application".

My mother: working full-time over 28 years, financially stable,married for 31 years, all relatives and her parents and husband in home country and have not seen me for over 4 years
My sister: 26 years old, financially dependent to my parents due to mild intellectual disability, providing letter from psychiatric mentioning that she does not have any movement, behavioral and physical and etc. issues and she is attending art classes where her art works are sold in local businesses but my parents are supporting her financially and they signed an affidavit.
Myself: I am a permeant resident in Canada, working full-time and have 0 debt and have very good income and saving in my account, also have not seen my sister and my parents for more than 4 years, I also provided an invitation letter and mentioned that they stayed with me and will back to their home at the end of 1 month visit.

This reason they mentioned for refusal is not making any sense since my father will stay in home country and he was not an applicant and I mentioned in my application that my sister has a very strong bond with my father and my grand parents and also her cousins. I mentioned everyone is in our home country. I also explained the purpose of travel is a short family visit after 4 years! they are also coming to visit my boy friend after seeing her virtually and he is also interested to meet and know them in person. I also explained that I cannot travel due to my job and responsibilities. I am not sure whether she got rejected because of her mental condition? if that is the case, she is not even medical inadmissible case since she does not need any type of social and physical assistant. the problem is that they never express that he has been rejected for her mental condition! I am not sure what I should do to resolve this since I cannot change her situation and disability.


Do you think I should keep reapplying for her or I should take this application to federal court? this is the second time she got rejected. the first rejection was on 2018 when I was student in Canada and I was not Permanent resident but now my situation has changed significantly.

Thank you for your support.
 

harpreetbhatti

Star Member
Oct 27, 2017
127
6
My sister is Canadian Citizen. I have applied 6 time visitor visa but refused. Apply 7th time on 21 June 2022 no update yet. You can take your sister case to federal court but I thing it's total waste of money better hire a good consultant in canada and apply again.
 

Shaparak1996

Full Member
Jun 13, 2022
49
5
My sister is Canadian Citizen. I have applied 6 time visitor visa but refused. Apply 7th time on 21 June 2022 no update yet. You can take your sister case to federal court but I thing it's total waste of money better hire a good consultant in canada and apply again.
I am so sorry to hear that. what are the reasons for refusal? Is the same every times? have you ever tried to explain how you addressed them?
 

kumarh2020

Hero Member
Sep 15, 2020
314
84
Hello my friends,

I applied for my mother and my sister for a visitor visa to visit me in Canada while my father is staying in home country. My mother received passport request. However, my sister has been rejected due to "not having significant family ties outside Canada" and "the purpose of visit to Canada is not consistent with a temporary stay given the details provided in the application".

My mother: working full-time over 28 years, financially stable,married for 31 years, all relatives and her parents and husband in home country and have not seen me for over 4 years
My sister: 26 years old, financially dependent to my parents due to mild intellectual disability, providing letter from psychiatric mentioning that she does not have any movement, behavioral and physical and etc. issues and she is attending art classes where her art works are sold in local businesses but my parents are supporting her financially and they signed an affidavit.
Myself: I am a permeant resident in Canada, working full-time and have 0 debt and have very good income and saving in my account, also have not seen my sister and my parents for more than 4 years, I also provided an invitation letter and mentioned that they stayed with me and will back to their home at the end of 1 month visit.

This reason they mentioned for refusal is not making any sense since my father will stay in home country and he was not an applicant and I mentioned in my application that my sister has a very strong bond with my father and my grand parents and also her cousins. I mentioned everyone is in our home country. I also explained the purpose of travel is a short family visit after 4 years! they are also coming to visit my boy friend after seeing her virtually and he is also interested to meet and know them in person. I also explained that I cannot travel due to my job and responsibilities. I am not sure whether she got rejected because of her mental condition? if that is the case, she is not even medical inadmissible case since she does not need any type of social and physical assistant. the problem is that they never express that he has been rejected for her mental condition! I am not sure what I should do to resolve this since I cannot change her situation and disability.


Do you think I should keep reapplying for her or I should take this application to federal court? this is the second time she got rejected. the first rejection was on 2018 when I was student in Canada and I was not Permanent resident but now my situation has changed significantly.

Thank you for your support.
I'd suggest to get a lawyer, let them take it further. IRCC thinks too much of themselves and feel entitled to run the world.. they need to be dragged.
 

Shaparak1996

Full Member
Jun 13, 2022
49
5
I'd suggest to get a lawyer, let them take it further. IRCC thinks too much of themselves and feel entitled to run the world.. they need to be dragged.
I am looking for a lawyer but it is hard to find trusted lawyer. I contacted MP and they told me that they should not reject her because of her condition as it is illegal. they told me that they will give me a support letter and suggests me to apply again.
 

kumarh2020

Hero Member
Sep 15, 2020
314
84
I am looking for a lawyer but it is hard to find trusted lawyer. I contacted MP and they told me that they should not reject her because of her condition as it is illegal. they told me that they will give me a support letter and suggests me to apply again.
Goodluck! I hope things work out for you, but you shouldn't need to apply again, maybe submit a re-consideration via the portal and submit a letter of explanation.
 

Shaparak1996

Full Member
Jun 13, 2022
49
5
Goodluck! I hope things work out for you, but you shouldn't need to apply again, maybe submit a re-consideration via the portal and submit a letter of explanation.
Thank you so much. You are 100% right that I do not need to spend any time and money to apply again while I have already addresses all the questions.But, what if they do not get back to me?

I really felt bad and disappointment since they have bought travel insurance from a Canadian insurance company too and they have shown about 35K CAD in total (excluding my bank accounts and savings) which is more than enough to show and prove that they are well-prepared for this visit. I have contacted Ankara center (where her application was processed) and my mother contacted too. I have already submitted a web form. Can I resubmit again?

I have also sent an email to Ottawa center and asked for help. This situation is really bad. I wish no one goes through what I am experiencing.
 

kumarh2020

Hero Member
Sep 15, 2020
314
84
Thank you so much. You are 100% right that I do not need to spend any time and money to apply again while I have already addresses all the questions.But, what if they do not get back to me?

I really felt bad and disappointment since they have bought travel insurance from a Canadian insurance company too and they have shown about 35K CAD in total (excluding my bank accounts and savings) which is more than enough to show and prove that they are well-prepared for this visit. I have contacted Ankara center (where her application was processed) and my mother contacted too. I have already submitted a web form. Can I resubmit again?

I have also sent an email to Ottawa center and asked for help. This situation is really bad. I wish no one goes through what I am experiencing.
I'd say find the option on the portal for reconsideration, which I don't think really exists, but you can submit webform with LOE and request it to be reconsidered. There have been positive outcomes in the recent past.
 

Shaparak1996

Full Member
Jun 13, 2022
49
5
I'd say find the option on the portal for reconsideration, which I don't think really exists, but you can submit webform with LOE and request it to be reconsidered. There have been positive outcomes in the recent past.
Yes, there is no reconsideration option. I submitted webform and explained it but I think it takes ages for IRCC to read it and gets back to me. I am very disappointed at them. This is not my only experience with them. My PR application takes 550 days to just be finalized! In all my updates that they sent me it should that for more than 300 days its status was ready for finalized! now it is taking more than 7 months and I have not received my PR card to even travel! Just bunch of useless people who barely do anything are now facing with lots of applications and are panicked and finalized applications with a refusal letter with unreasonable reasons. This is really a failure.
 

mortywaves

Star Member
Aug 23, 2016
114
24
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I am Canadian citizen and I’m having a similar issue. I invited my brother to visit for 3 weeks but they refused with same excuses. I am not even sure they throughly read the applications.

Anyway I have sent the webform to the Ankara office. Drafted a letter to the MP and I will also do bunch of ATIP requests to make sure Ankara office is functioning as intended. I will file with federal court too.

As tax payers we deserve a just treatment from our own government
 

Shaparak1996

Full Member
Jun 13, 2022
49
5
I am Canadian citizen and I’m having a similar issue. I invited my brother to visit for 3 weeks but they refused with same excuses. I am not even sure they throughly read the applications.

Anyway I have sent the webform to the Ankara office. Drafted a letter to the MP and I will also do bunch of ATIP requests to make sure Ankara office is functioning as intended. I will file with federal court too.

As tax payers we deserve a just treatment from our own government
Thanks for sharing your experience and I am sorry to hear this happened to you too. Did you receive any support from MP?
How about officer note? have you received it? I am wondering if the note has mentioned anything about their disability. My sister application has been processed in Ankara too. I am not sure if they have even read the application.
 

mortywaves

Star Member
Aug 23, 2016
114
24
Job Offer........
Pre-Assessed..
Thanks for sharing your experience and I am sorry to hear this happened to you too. Did you receive any support from MP?
How about officer note? have you received it? I am wondering if the note has mentioned anything about their disability. My sister application has been processed in Ankara too. I am not sure if they have even read the application.
I haven’t received any notes yet - just the standard refusal letter. I will do the escalations (MP, ATIP, court etc) if they don’t respond to the webform.

Meanwhile, let’s see if anyone else having problems with Ankara office.
 

Shaparak1996

Full Member
Jun 13, 2022
49
5
I haven’t received any notes yet - just the standard refusal letter. I will do the escalations (MP, ATIP, court etc) if they don’t respond to the webform.

Meanwhile, let’s see if anyone else having problems with Ankara office.
I have talked with MP but they told me they cannot ask immigration office to reconsider the result but I am still pushing for it. I have submitted the request for ATIP and webform. No answer yet. Please let me know if you hear anything from them.
 
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Naturgrl

VIP Member
Apr 5, 2020
44,979
9,548
Get a good immigration lawyer. She can go to federal court but you being PR has no bearing. It is her profile that is submitted not you or your parents. Federal court will determine if there is an error according to the law. A few things that IRCC is taking into account when following the law since your sister is 26 with a mild disability (your words):

- She has to be applying on her own separate from your parents. She is 26.
- If she applied with your parents for both refusals then the doctor’s note showing that she a mild mild disability (no behaviour, physical, movement and would not be medically admissible) does not help her case as then IRCC does consider her a dependant on your parents. Her doctor’s note needs to show that she if fully depedant on your parents with full care. In Canada, I know many people with a mild disability and they have jobs, go to university, live on their own. They fund their own education etc. So without knowing the disability, IRCC may think she is not a dependant.
- She needs to show her own ties, and only your father is not a strong tie. Cousins/grandparents are not immediate family. Cousins are not considered ties to return. Family ties at 26 are not parents.
- Funds: again she is 26 so IRCC doesn’t have to consider your parents funds even with a mild disability.
- You being PR: No bearing on the law. She is not considered your immediate family. Your funds/no debt have no bearing on her application. And even though your job does not allow travel right now, you can go visit your family at some point.

These points will be looked at if you go to federal court. If asking for reconsideration or reapplying, then she applies on her own merit. Show that her art shows generate income and she must return. If she attends classes, show tuition. Having health insurance is not important.

These are just the points that IRCC has in her two refusals. So talk to an immigration lawyer and see what a lawyer says in moving forward.
 
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