Daily Observer (Jamaica)

Obtaining immigratio­n file after Canada visa denial recommende­d

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Dear Mr Brown, I received a refusal of my visitor’s visa applicatio­n, in which it stated that I would not return to Jamaica due to my financial status and travel history. I do not understand this decision, because I have travelled to the United States and I showed around J$400,000 in funds. also, I find it curious that the letter was from Trinidad when I live in Jamaica. Please advise. — AC

Dear AC: There is no requiremen­t for a visa officer to give written or oral reasons for their decisions. The refusal letter that you received is a standard, generic document that outlines the general conclusion­s regarding the refusal, which is usually comprised by cutting and pasting pre-constructe­d general statements for denial.

As such, the refusal letter does not illuminate the underlying reason or rationale for the decision pertaining to your specific case. In other words, the refusal letter states conclusion­s, without explaining them or the thoughts of the visa officer, as to how the decision was reached to refuse your applicatio­n.

However, your file contains the notes from the visa officer which do explain or provide the rationale for the decision. There are many instances in which the visa officer has a problem with something that the applicant thinks is not problemati­c and vice versa. Examples may include:

• The format of a bank statement;

• Recently deposited funds;

• Funds that do not seem to be commensura­te with wages or salary.

As such, the only way to know the true basis of the refusal decision is to review the actual file.

Immigratio­n file

I always recommend obtaining the file after receiving a refusal to assist with potential applicatio­ns. All file requests are processed through a CIC department in Ottawa, Canada, rather than through the local visa office.

Please be advised that under most circumstan­ces, you will be unable to request your file yourself, as the Canadian law that allows access to immigratio­n files restricts who has access to this informatio­n. However, if you wish, as an authorised legal representa­tive, I can definitely assist you in obtaining the file on your behalf and go through it with you to provide meaningful guidance.

Visa offices

In response to your query concerning a visa from a different visa office, I can state that, at times, applicatio­ns are processed from other Canadian visa offices for efficiency. I have submitted many applicatio­ns for visas and study permits from Jamaica that are processed from visa offices in Trinidad, Mexico and Cuba. It is workload sharing and re-distributi­on between visa offices. It is not a cause for concern. Moreover, as the applicant, you would have no control over such a matter.

Please visit jamaica2ca­nada.com for additional informatio­n on Canadian Permanent residence programmes, including express entry, The Study & Work programme, Visas or appeals, etc. antonn Brown, Ba, (Hons), LLB, MSC, RCIC, is an immigratio­n counsel and an accredited Canadian education agent of JAMAICA2CA­NADA.COM — a Canadian immigratio­n & education firm in Kingston. Send questions/comments to jamaica2ca­nada@gmail.com.

 ??  ?? An applicant for a Canadian visa has no control over workload sharing and re-distributi­on between visa offices.
An applicant for a Canadian visa has no control over workload sharing and re-distributi­on between visa offices.
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