Visa refused, judicial review or re-application?

[haris00]

I was refused visa even though (in my opinion), I had a great profile. Please advise if I should pursue judicial review OR re-application. Following is my profile

Profile:
VFS: Islamabad, pakistan
Education: Bachelors in Computer Engineering (from CIIT Pakistan)
CGPA: 3.34/4
Technical certification: 3
Experience: 1 year in cloud computing
IELTS: 7.5/9
GRE Score: 307/340 (writing 4.0/6)
Bank Statement: 3.2 million in the account for the past 8 months (Source shown was the land sold by my father and money deposited in my account)
This amount was twice as much as required.

Prospective study:
Master's in Computer Science from Memorial university of Newfoundland.
First semester fee paid.

Travel history:
Went to Malaysia two months back.

SOP:
Was very strong (at least in my opinion), every thing was addressed.

Drawbacks in my application:
Refused Visa 3 times before (Uk, usa, sweden). (Attached explanation as to why each refusal happened, and how it does not relate to my current application)
Both my brothers Permanent Residents of Canada (I don't think I can do anything about that)

Other points:
I had taken leave of absence from employer (that means I had secured job once I return back)
My parents are aged and none of my siblings live with them and thus, gives me an incentive to come back (My father is a project manager of a dam construction in Pakistan, which makes him a wealthy person)
I had shown 5 million worth land as my personal property/asset.

Refusal reasons:
Not enough funds
Travel history
ties
No employment prospects in my home country

 

[scylla]

The travel history refusal makes sense since you've never traveled to a country requiring a visa before (your trip to Malaysia doesn't count). The three visa refusals you have make your travel history even weaker (yes - the refusals play a role in your application decision). If you decide to appeal, don't try to argue you have a strong travel history - you don't.

The fact you have two brothers who are PRs in Canada certainly weakens your ties to your home country. Agreed there's nothing you can do about that.

Are either of your parents still working? If not, this can contribute to a refusal on financial grounds since CIC may be concerned there isn't an ongoing income source.

I don't think any of us will be able to tell you whether to appeal or not. We see very few appeals for student visas since it tends to be a long / expensive process.

Good luck.

 

[venky_vk]

I agree you have shown lots of finance and even fees is paid but still they have refused based on funds, that's a bit strange. One of the reasons may be GIC. Nowadays Canada expects you to invest $10,000 in a Canadian bank as GIC. It's a fixed deposit secured for your expenditure. I believe it's a must for every student in Canada.

 

[scylla]

I agree you have shown lots of finance and even fees is paid but still they have refused based on funds, that's a bit strange. One of the reasons may be GIC. Nowadays Canada expects you to invest $10,000 in a Canadian bank as GIC. It's a fixed deposit secured for your expenditure. I believe it's a must for every student in Canada.

No - it's not a must for every student.

 

[harvijay1001]

I agree you have shown lots of finance and even fees is paid but still they have refused based on funds, that's a bit strange. One of the reasons may be GIC. Nowadays Canada expects you to invest $10,000 in a Canadian bank as GIC. It's a fixed deposit secured for your expenditure. I believe it's a must for every student in Canada.

That's only for SPP.

And GIC is only available to Indian and Vietnamese applicants.

OP is a Pakistani. He doesn't have the option of GIC

What with the processing times for a study permit from Pak, you can only defer and try again so you might as well get your caips notes to see the exact reason.

 

[haris00]

The travel history refusal makes sense since you've never traveled to a country requiring a visa before (your trip to Malaysia doesn't count). The three visa refusals you have make your travel history even weaker (yes - the refusals play a role in your application decision). If you decide to appeal, don't try to argue you have a strong travel history - you don't.

The fact you have two brothers who are PRs in Canada certainly weakens your ties to your home country. Agreed there's nothing you can do about that.

Are either of your parents still working? If not, this can contribute to a refusal on financial grounds since CIC may be concerned there isn't an ongoing income source.

I don't think any of us will be able to tell you whether to appeal or not. We see very few appeals for student visas since it tends to be a long / expensive process.

Good luck.

Thanks for the reply
Malaysia does require a visa for pakistani residents, but yes, it does not count as a 'first world' country.
My father is a project manager of a mega dam project in pakistan (and obviously earns significant amount). His 'letter of employment' along with the pay and job role was attached with the application. I was shocked, to see the objection on funds. I expected anything but this point. That is the reason I am thinking of going for judicial review. Anyway, im still waiting for gcms notes. Would decide once i receive them.

After looking through the judicial review process, i found out that in the best case scenario, judge asks for a different visa officer to review the application. I don't know if its worh the tine and money as compared to re-applying(as in this way, new visa officer would review the application anyway)
However, I don't know what more I can add to the new application. I thiught i had everything right (whatever i could do right, i can't change my past visa refusal or pr's of my brothers).

 

[haris00]

That's only for SPP.

And GIC is only available to Indian and Vietnamese applicants.

OP is a Pakistani. He doesn't have the option of GIC

What with the processing times for a study permit from Pak, you can only defer and try again so you might as well get your caips notes to see the exact reason.

already applied for caips/gcms notes.
Now waiting for them to receive them by the slow and sluggish CIC.
Its ridiculous that they take 1 month just to tell you what was wrong with your application.
Lazy people. They should learn from their southern neighbours

 

[SYSyed]

I think you should apply for caips notes. That ll state the complete decision of VO, all the underlying facts for refusal. I ll give u an example, a lady got refused for lack of funds while she was having a large sum of money in her account. when she applied for caips notes she found out, her name was not mentioned on the back statement.
I am not saying saying same is the case with u but atleast u ll get some more info.

I also got same reason but it was mistake on my part I showed most of my funds in fixed deposit instead of available funds in bank. I have applied for caips notes as well and going to re apply.

 

[haris00]

I think you should apply for caips notes. That ll state the complete decision of VO, all the underlying facts for refusal. I ll give u an example, a lady got refused for lack of funds while she was having a large sum of money in her account. when she applied for caips notes she found out, her name was not mentioned on the back statement.
I am not saying saying same is the case with u but atleast u ll get some more info.

I also got same reason but it was mistake on my part I showed most of my funds in fixed deposit instead of available funds in bank. I have applied for caips notes as well and going to re apply.

Yea, I applied for gcms notes the day i got refused.
In addition to funds, what other points were checked in your refusal letter?

 

[SYSyed]

proof of funds
lack of funds
prospects of employments in home country
travel history
ties

I forgot to submit one old passport, so submitting now and explaining my travel history in detail as well. for ties submitting FRC along with property

 

[Srik00909]

Is it really helpful applying caips notes. It's in coad language. Can we understand.
I have a thought to apply caips.

 

[harvijay1001]

Is it really helpful applying caips notes. It's in coad language. Can we understand.
I have a thought to apply caips.

You'll be applying through some agency for CAIPS notes, they will also decode those and help you understand the same.

 

[MONTY39]

I was refused visa even though (in my opinion), I had a great profile. Please advise if I should pursue judicial review OR re-application. Following is my profile

Profile:
VFS: Islamabad, pakistan
Education: Bachelors in Computer Engineering (from CIIT Pakistan)
CGPA: 3.34/4
Technical certification: 3
Experience: 1 year in cloud computing
IELTS: 7.5/9
GRE Score: 307/340 (writing 4.0/6)
Bank Statement: 3.2 million in the account for the past 8 months (Source shown was the land sold by my father and money deposited in my account)
This amount was twice as much as required.

Prospective study:
Master's in Computer Science from Memorial university of Newfoundland.
First semester fee paid.

Travel history:
Went to Malaysia two months back.

SOP:
Was very strong (at least in my opinion), every thing was addressed.

Drawbacks in my application:
Refused Visa 3 times before (Uk, usa, sweden). (Attached explanation as to why each refusal happened, and how it does not relate to my current application)
Both my brothers Permanent Residents of Canada (I don't think I can do anything about that)

Other points:
I had taken leave of absence from employer (that means I had secured job once I return back)
My parents are aged and gives me incentive to come back
I had shown 5 million worth land as my personal property/asset.

Refusal reasons:
Not enough funds
Travel history
No employment prospects in my home country

Your drawbacks are the actual reasons for rejection.
Source of funds is likely questioned by them.
Three rejections make your VISA very weak esp. in Canada and since your two brothers are on PR in Canada, that makes you a potential migrate and proves that you are not happy with your country prospects. (How did your brothers get a PR? if its via study medium then that further answers your question)

 

[MONTY39]

Judicial review won't fetch you anything...Its a long tedious process involving loads of money spent on lawyers.
Although, as you mentioned that your case was very strong, think what can be changed from the previous application.
Aged parents, properties and sabbatical from employer reasons won't make even slightest of difference to the VO.

 

[haris00]

Your drawbacks are the actual reasons for rejection.
Source of funds is likely questioned by them.
Three rejections make your VISA very weak esp. in Canada and since your two brothers are on PR in Canada, that makes you a potential migrate and proves that you are not happy with your country prospects. (How did your brothers get a PR? if its via study medium then that further answers your question)

agreed with the drawbacks.
BUT, why would they question source of funds? My father is clearly a wealthy person and he himself deposited that money in my account (All proofs of his financial background were attached.)
On top of that, the money remained untouched in my account since 8 months till now. No one, who would have taken money from other sources, could keep the money for that amount of period. Therefore, I believe that I can easily challenge this particular issue in the judicial review.

Now, coming to the drawbacks, you tell me, what specific thing I could do about them?
I can't change my past, can I? Visa refusals are there, and they would remain there. All I can do is to explain why they happened and why they are not relevant in the current application -- and that is what did. I wrote a three pages letter explaining each refusal in detail and how I had rectified every situation in current application.
And as for the PR's of my brothers, again, whatever the route they followed to get PR, I cannot change it. What my brothers did does not define what I would do. They did that in light of their own circumstances and ambitions. And they did NOT do anything illegal.

Agreed, that if we look through the visa officers eyes, he would see them as huge drawbacks. However, none of my drawbacks 'legally' allows a visa officer to blatantly refuse the application.

To be honest, I don't know what I can add in my new application to change the circumstances. As I said, there is no way I can change my drawbacks. Therefore, judicial review is the only route I see.

If you have any advice, I am all ears.

Thanks