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

[Shaparak1996]

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.

Thank you for your suggestions. I really appreciate it. Your point of view makes me concern that her application might not processed in a fair and realistic way. In IRCC website it has been mentioned that a dependent child is someone who is

• under 22 years of age and not a spouse or common-law partner
• 22 years of age or older, have depended substantially on the financial support of the parent since before the age of 22 and be unable to support themselves financially due to a physical or mental condition (it is the financial dependency that must have been ongoing since before the age of 22. It is not necessary for the physical or mental condition to have existed before the age of 22.)

It has not mentioned the severeness of the disability. My sister has "mild intellectual disability" which means her level of understanding is not as a normal person. You are absolutely right that people with disability can even work in Canada and they went to a program to study. However, my sister lives in Iran and there is no such a program for mild disable people to go and study. The highest level of education they can have is high school and it is a school for those with special needs. Moreover, the country is not in that high level of safety and awareness that people in this situation can be well accepted by the society.

The letter of doctor is trying to mention that she is not medical inadmissible however, she is a dependent child and that is why I applied for her with mother. How can I provide job letter for someone with mild intellectual disability who has lived in Iran, where there is literally no support?

 

[Shaparak1996]

One thing for sure , the level of entitlement in this thread is truly amazing

Thank you but unfortunately the officer who should take all of these into consideration does not do that!

 

[Naturgrl]

Thank you for your suggestions. I really appreciate it. Your point of view makes me concern that her application might not processed in a fair and realistic way. In IRCC website it has been mentioned that a dependent child is someone who is

• under 22 years of age and not a spouse or common-law partner
• 22 years of age or older, have depended substantially on the financial support of the parent since before the age of 22 and be unable to support themselves financially due to a physical or mental condition (it is the financial dependency that must have been ongoing since before the age of 22. It is not necessary for the physical or mental condition to have existed before the age of 22.)

It has not mentioned the severeness of the disability. My sister has "mild intellectual disability" which means her level of understanding is not as a normal person. You are absolutely right that people with disability can even work in Canada and they went to a program to study. However, my sister lives in Iran and there is no such a program for mild disable people to go and study. The highest level of education they can have is high school and it is a school for those with special needs. Moreover, the country is not in that high level of safety and awareness that people in this situation can be well accepted by the society.

The letter of doctor is trying to mention that she is not medical inadmissible however, she is a dependent child and that is why I applied for her with mother. How can I provide job letter for someone with mild intellectual disability who has lived in Iran, where there is literally no support?

Ahh….don’t remember you saying that she lived in Iran. This further complicates matters, as there is a high percentage of those who come on visitor visas from Iran and then claim asylum. Your mother may have been approved for a TRV because it shows her ties to your sister and father to return to Iran. Your mother may want to come first on her visitor visa, stay in Canada and then return to show that she abides by immigration laws and did not claim asylum. Then reapply for your sister as a dependant and show proof that your mother came to Canada and returned to Iran.


Did you get PR through Express Entry?

 

[Shaparak1996]

Ahh….don’t remember you saying that she lived in Iran. This further complicates matters, as there is a high percentage of those who come on visitor visas from Iran and then claim asylum. Your mother may have been approved for a TRV because it shows her ties to your sister and father to return to Iran. Your mother may want to come first on her visitor visa, stay in Canada and then return to show that she abides by immigration laws and did not claim asylum. Then reapply for your sister as a dependant and show proof that your mother came to Canada and returned to Iran.


Did you get PR through Express Entry?

That is true unfortunately. However, my parents have a well-established life in Iran.They own a property with lots of Saving accounts and my mother is employed for 28 years and my father has been retired recently and now he is receiving all his benefits and retirement benefits that he has contributed for 30 years. They own car, land, property and etc.
I agree that the political situation is bad in Iran and it may add negativity to her application but my sister is only communicate (Read and write) in Farsi. The only motivation for her to visit Canada is visiting me. It will be really difficult for my mom to leave her alone and travel to visit me while my sister is expressing she misses me and would like to visit me.

I came to Canada as a student for my master education and after graduating, I applied for my PR through express entry and became a PR through federal skilled worker inland applicant. I have been working in Canada since 2020 and what it really makes me feel sad is that during 2021 I have been working in health care system in Canada, research focusing on Covid-19 and had some contribution. I did not even take a day off and I had only 2 weeks off which was not even enough to visit my family in Iran and now they rejected her visa!

 

[mortywaves]

One thing for sure , the level of entitlement in this thread is truly amazing

As the members of the public we are fully equipped and responsible to question government’s operations to the smallest detail to ensure procedural fairness.

 

[Shaparak1996]

One thing for sure , the level of entitlement in this thread is truly amazing

I just noticed your point of view by reading this again and I realized that you are indirectly mentioning that "I do not have the right to argue this result". For your information, I have all the right to bring my sister as a visitor to visit me since her situation does not have any affect in Canada. As it was mentioned to you by another user, as the members of the public we have all the rights to question government's operations to the smallest detail to ensure procedural fairness. I hope I address all your concerns!

 

[Naturgrl]

I just noticed your point of view by reading this again and I realized that you are indirectly mentioning that "I do not have the right to argue this result". For your information, I have all the right to bring my sister as a visitor to visit me since her situation does not have any affect in Canada. As it was mentioned to you by another user, as the members of the public we have all the rights to question government's operations to the smallest detail to ensure procedural fairness. I hope I address all your concerns!

Actually it is not a right . No Canadians have a right to demand that family visits. It is a privilege. And it is not you bringing her. You being PR is not relevant. She needs to show that she meets the requirements of a visitor visa.

 

[Shaparak1996]

Actually it is not a right . No Canadians have a right to demand that family visits. It is a privilege. And it is not you bringing her. You being PR is not relevant. She needs to show that she meets the requirements of a visitor visa.

I understand your point of view but I did not say that she needs a visa without meeting the requirement! My question was related to taking this to the court, which is what all lawyers are suggesting me and if you also search in the federal court website for recent decisions on visitor visa and even study permits you would see lots of positive results from court which the judge mentioned that the officer did not have a fair and reasonable result. I just simply provided all the documents and all of them showed that she meets the requirements. I do not think his comment was really appropriate! In any way, thank you for your comments!

 

[Naturgrl]

I understand your point of view but I did not say that she needs a visa without meeting the requirement! My question was related to taking this to the court, which is what all lawyers are suggesting me and if you also search in the federal court website for recent decisions on visitor visa and even study permits you would see lots of positive results from court which the judge mentioned that the officer did not have a fair and reasonable result. I just simply provided all the documents and all of them showed that she meets the requirements. I do not think his comment was really appropriate! In any way, thank you for your comments!

You said, and I quote, "For your information, I have all the right to bring my sister as a visitor to visit me since her situation does not have any affect in Canada." This is not about you. It is about your sister providing the documentation that she, not you or your parents, can support her own visit with her own funds, ties to home country, and travel history. I hope she is successful.

 

[canuck78]

I understand your point of view but I did not say that she needs a visa without meeting the requirement! My question was related to taking this to the court, which is what all lawyers are suggesting me and if you also search in the federal court website for recent decisions on visitor visa and even study permits you would see lots of positive results from court which the judge mentioned that the officer did not have a fair and reasonable result. I just simply provided all the documents and all of them showed that she meets the requirements. I do not think his comment was really appropriate! In any way, thank you for your comments!

You can try to take it to court but very few actual go to court for TRVs so hard to say what the outcome will be. A letter from your MP will do nothing. Unfortunately people think that MPs have the ability to influence TRV applications. Unless you personally know the MP, a letter will likely have no impact especially when it comes to TRVs. It would be illegal to refuse a TRV purely based on the fact that you‘re disabled but she isn’t being denied because she is disabled she is being denied because she can’t support herself, she may try to remain in Canada because the disabled have better rights and are more included in Canadian society then elsewhere, increased risk of claiming asylum from Iran, etc. How long did you request for a visit? 2-3 weeks is what I would advise asking for nd have a detailed itinerary for the visit. Is there a care plan, savings plan in place for your sister as she ages in Iran? Assume your parents are nearing retirement age. There will also be concern that you will become her guardian and will want to move to Canada when your parents are no longer able to care for her. Disabled family members have unfortunately been left in Canada before which is why there are concerns. If you could show that a longterm care plan is in place for her in Iran that may also help. I would also appeal to IRCC if you have been a frontline worker during Covid and have been unable to take holidays because you services are needed or all holiday requests have been refused. It’s unclear what type of role you have within the healthcare system. If you have been on the frontlines during Covid and have not been able to take holidays to travel to Iran that may help your application.

 

[Shaparak1996]

You can try to take it to court but very few actual go to court for TRVs so hard to say what the outcome will be. A letter from your MP will do nothing. Unfortunately people think that MPs have the ability to influence TRV applications. Unless you personally know the MP, a letter will likely have no impact especially when it comes to TRVs. It would be illegal to refuse a TRV purely based on the fact that you‘re disabled but she isn’t being denied because she is disabled she is being denied because she can’t support herself, she may try to remain in Canada because the disabled have better rights and are more included in Canadian society then elsewhere, increased risk of claiming asylum from Iran, etc. How long did you request for a visit? 2-3 weeks is what I would advise asking for nd have a detailed itinerary for the visit. Is there a care plan, savings plan in place for your sister as she ages in Iran? Assume your parents are nearing retirement age. There will also be concern that you will become her guardian and will want to move to Canada when your parents are no longer able to care for her. Disabled family members have unfortunately been left in Canada before which is why there are concerns. If you could show that a longterm care plan is in place for her in Iran that may also help. I would also appeal to IRCC if you have been a frontline worker during Covid and have been unable to take holidays because you services are needed or all holiday requests have been refused. It’s unclear what type of role you have within the healthcare system. If you have been on the frontlines during Covid and have not been able to take holidays to travel to Iran that may help your application.

Thank you for your comment. I asked for 3 weeks visit with a very detailed itinerary (literally for each day I explained where they go and what they do) and explained the family ties and responsibilities as reasons for their return. My sister has a saving account which my parents contributes to that and also my parent's property will be inherited by my sister. Would that Saving account help?
I was not a frontline worker but I was in the research department of the research hospital, where was a center for studying on COVID, also all covid cases were admitted to that hospital. I am not sure if this will help...I have only 2 weeks vacation but never were able to take it since we were very busy!

 

[Copingwithlife]

As the members of the public we are fully equipped and responsible to question government’s operations to the smallest detail to ensure procedural fairness.

Of course , but as mentioned, not only on this thread , but in others, individuals feel it’s their “ right “ for family members or others to be granted a visa to enter Canada, it’s not . It’s based upon the information given by THE applicant on whether or not they are granted one. Regardless whether the individual was a frontline worker , they haven’t taken a day off from work, the amount of vacation time they have ,throwing in a letter by an obscure MP, in the whole scheme of things , is , irrelevant. If one has money to burn by taking it too court , then burn away

( BTW, adding a letter from an MP can be seen by the VO as an attempt at undue influence on their decision. MP’s have their job, and VO’s have their job )

 

[Shaparak1996]

Anyone who is following this thread, I took my sisters's application to the court and got the settlement offer from the IRCC while we were in the leave stage and the first judge reviewed all the documents and asked partied to submit their files and documents. IRCC offered settlement and now we are waiting for IRCC to re-open the application. There were lots of people who were telling me that your sister does not have the chance and it is reasonable that she was refused but the federal court process proves that the rejection was unreasonable!

 

[magic993]

Congratulation, and well done

 

[canuck78]

Anyone who is following this thread, I took my sisters's application to the court and got the settlement offer from the IRCC while we were in the leave stage and the first judge reviewed all the documents and asked partied to submit their files and documents. IRCC offered settlement and now we are waiting for IRCC to re-open the application. There were lots of people who were telling me that your sister does not have the chance and it is reasonable that she was refused but the federal court process proves that the rejection was unreasonable!
[/QUOTE

Reopening doesn’t mean approved.