Pls don't ignore me, what Is the next step for me to take January intake and my school said I should present my visa December 1st and just now I got a bad news.

Send a mail to ur school requesting for a deferment, tell them you have just been refused and you will request your program is deferred to the next resumption date.. You can attach a copy of ur refusal to the mail to backup ur claim.. When did u apply though? Peace

Olatycoon:
Pls don't ignore me, what Is the next step for me to take January intake and my school said I should present my visa December 1st and just now I got a bad news.

makano:
Send a mail to ur school requesting for a deferment, tell them you have just been refused and you will request your program is deferred to the next resumption date.. You can attach a copy of ur refusal to the mail to backup ur claim.. When did u apply though? Peace

I applied march.

Pls what step should I take next? Pls I need help.

Esteemventures1:
@ Mcobex,Naijaforeigner,Justmellow,Austacus and Makano . Please all the guru(s) mention I really need your help in helping me to review and edit my reapplication sop.
Pls pm or chat me up at adegoketemitope17@yahoo.com
Thanks a lot.

Sorry for the late response. I am so so busy at the moment and won't be able to review your SOP. Good luck

Is it that u dont read to understand or what? Ma last reply to ur query, i had told u what to do, and u are still here crying for help.. Or you expecting someone here to come to ur computer or phone to come send the mail to ur school.. I just dont understand some peeps here tho... Peace.

Olatycoon:
Pls what step should I take next? Pls I need help.

makano:
Is it that u dont read to understand or what? Ma last reply to ur query, i had told u what to do, and u are still here crying for help.. Or you expecting someone here to come to ur computer or phone to come send the mail to ur school.. I just dont understand some peeps here tho... Peace.

I am sorry I didn't state that I already sent my school an email immediately you told me to. Just curious about the next step after that sir.

Request for a deferment, order for ur GCMS note and when ur new LOA is ready coupled with ur GCMS Note, write a convincing SOP na LOE to tackle the refusal reasons in ur GCMS note and re-fire.. Thats all u need to do, except u nt interested going to Canada to study again, then u can look at other countries.. Peace

Olatycoon:


I am sorry I didn't state that I already sent my school an email immediately you told me to. Just curious about the next step after that sir.

Mehnn, can't wait to hear someone shout "APPROVAL" again. These streets are suddenly so depressing, everyday a fresh refusal and no approvals for a while now. What could possibly be going on? It's not encouraging at all mehn

makano:
Request for a deferment, order for ur GCMS note and when ur new LOA is ready coupled with ur GCMS Note, write a convincing SOP na LOE to tackle the refusal reasons in ur GCMS note and re-fire.. Thats all u need to do, except u nt interested going to Canada to study again, then u can look at other countries.. Peace

How do I order for gmcs note ? Pls

If you have someone in Canada, the person can help you order it.... Peace

Olatycoon:


How do I order for gmcs note ? Pls

makano:
Is it that u dont read to understand or what? Ma last reply to ur query, i had told u what to do, and u are still here crying for help.. Or you expecting someone here to come to ur computer or phone to come send the mail to ur school.. I just dont understand some peeps here tho... Peace.

Hello Friend,
I have seen a lot of your post answering to people's query. You've been very great but I have to say this, some of your responses to this young lads are too harsh and impolite. You may need to work a lil on that.God bless you. Amen

makano:
If you have someone in Canada, the person can help you order it.... Peace

What If I don't have anybody in Canada how do I go about it pls?

Lol after 11 weeks of waiting. I applied from London in July. I just finished my BSc in the UK. I had a first class too. A first class in Software Engineering at 19 and I was going for an OBJECT ORIENTED SOFTWARE DEVELOPMENT programme for 8 months. More like a specialised vocational training programme. Today, I got refused due to purpose of visit and immigration status. At least the torment is over... F*CK CANADA AND THEIR IMMIGRATION POLICIES! I could have sworn I had the best SOP. Why deny me for immigration status? I was on a freaking TIER 4 VISA man. This is the end of this stupid struggle for me. UK has 2 year post-study work visa. If they had implemented this since, what would I be looking for in cold deserted Canada. I won't even rant about Nigeria. It's pointless. I'd be back to the UK next year.

waynee2baba:
Lol after 11 weeks of waiting. I applied from London in July. I just finished my BSc in the UK. I had a first class too. A first class in Software Engineering at 19 and I was going for an OBJECT ORIENTED SOFTWARE DEVELOPMENT programme for 8 months. More like a specialised vocational training programme. Today, I got refused due to purpose of visit and immigration status. At least the torment is over... F*CK CANADA AND THEIR IMMIGRATION POLICIES! I could have sworn I had the best SOP. Why deny me for immigration status? I was on a freaking TIER 4 VISA man. This is the end of this stupid struggle for me. UK has 2 year post-study work visa. If they had implemented this since, what would I be looking for in cold deserted Canada. I won't even rant about Nigeria. It's pointless. I'd be back to the UK next year.

Sorry about the delay bro, good luck

waynee2baba:
Lol after 11 weeks of waiting. I applied from London in July. I just finished my BSc in the UK. I had a first class too. A first class in Software Engineering at 19 and I was going for an OBJECT ORIENTED SOFTWARE DEVELOPMENT programme for 8 months. More like a specialised vocational training programme. Today, I got refused due to purpose of visit and immigration status. At least the torment is over... F*CK CANADA AND THEIR IMMIGRATION POLICIES! I could have sworn I had the best SOP. Why deny me for immigration status? I was on a freaking TIER 4 VISA man. This is the end of this stupid struggle for me. UK has 2 year post-study work visa. If they had implemented this since, what would I be looking for in cold deserted Canada. I won't even rant about Nigeria. It's pointless. I'd be back to the UK next year.

So sorry, na serious vex oh...it was a really long time. I understand the feeling. This refusal on immigration status strong sha.

I got approved today.

Thanks to everybody. I learned from every one of you.

To Mr. Frank, it is only God that can reward your selflessness. God bless you!

Keep keeping on, guys!

skirmish:
I got approved today.
Thanks to everybody. I learned from every one of you.
To Mr. Frank, it is only God that can reward your selflessness. God bless you!
Keep keeping on, guys!

I guess this should be the first approval this month Congratulations! pls share your profile

skirmish:
I got approved today.

Thanks to everybody. I learned from every one of you.

To Mr. Frank, it is only God that can reward your selflessness. God bless you!

Keep keeping on, guys!

Congrats dear

For those that want to file a case. Here's something
Tuesday, January 15, 2013
STUDY PERMIT APPLICANTION REFUSAL OVERTURNED
A visa officer must have clear reasons in refusing a Study Permit application, and they must be intelligible to the applicant. See case below:


Thiruguanasambandamurthy v. Canada (Minister of Citizenship and Immigration)


Between Tharsini Thiruguanasambandamurthy, Applicant, and
The Minister of Citizenship and Immigration, Respondent

[2012] F.C.J. No. 1636

2012 FC 1518

Docket IMM-1738-12

Federal Court
Toronto, Ontario

O'Keefe J.

Heard: December 5, 2012.
Judgment: December 20, 2012.

(35 paras.)

REASONS FOR JUDGMENT AND JUDGMENT

1 O'KEEFE J.:-- This is an application pursuant to subsection 72(1) of the Immigration and Refugee Protection Act, SC 2001, c 27 (the Act) for judicial review of a decision by a visa officer at the High Commission of Canada in Colombo (the officer) dated December 20, 2011, wherein the applicant's study permit application was refused.

2 The applicant requests that the officer's decision be set aside and the application be referred back to the High Commission for redetermination.

Background

3 The applicant is a citizen of Sri Lanka. She applied for a study permit to study in Canada at York University for a Bachelor of Science degree in computer science, a program she had been previously accepted to. Her only family is her mother, who lives in Sri Lanka and who the applicant intended to rely on for financial support during her studies. She wishes to obtain this credential in order to pursue technology jobs in Sri Lanka.

4 The applicant made her visa application on December 1, 2011.

Officer's Decision

5 In a letter dated December 20, 2011, the officer informed the applicant her visa application had been rejected. The officer had checked boxes on the form letter indicating two reasons for the refusal: failure to satisfy the officer of the existence of adequate funds to pay for tuition, living expenses and return to country of residence and failure to satisfy the officer of sufficient ties to Sri Lanka to ensure departure from Canada at the end of the visa.

6 The Global Case Management System records (the GCMS notes) served as reasons for the officer's decision.

7 The notes first replicate GCMS notes from the applicant's four previous visa applications, which were rejected. The notes entered on December 16, 2011, summarize the facts of the current visa application, indicating that the applicant was 21 years old and single, had an aunt and grandmother in Canada, had not been employed or studied since August 2009 and had previously studied at the American National College in Colombo so sought to gain credits for those studies in Canada. The applicant would require two years and one semester of study to complete her degree at York University. The applicant's mother received the equivalent of $160 Canadian per month from the rental of land in Jaffna and had the equivalent of $123,000 Canadian in fixed assets.

8 The notes then summarize the officer's interview with the applicant. The applicant indicated her purpose in selecting Canada for her studies was due to the wide recognition of diplomas and the low cost. She indicated her credits could only be transferred to an American or Canadian university and tuition was more expensive in the United States. She said she would have many job opportunities in the Sri Lankan tech sector if she obtained a Canadian degree. When asked why she would apply to Canada again after being refused a visa four times, she indicated this was due to being accepted by York University and the recognition of her credits.

9 When the officer inquired why she did not apply to India given its large technology sector, the applicant stated that computer science in Canada was more advanced. The officer noted that the applicant gave inconsistent answers as to her employment efforts, first saying she had not applied for any jobs but then saying she had applied to her old school, which did not have any positions available. The applicant listed the types of courses she wished to take and planned to get a job in the Sri Lankan technology sector. She said it would cost $30,000 Canadian per year to obtain this education. The officer asked how long it would take to recoup those costs and the applicant did not have a reply. She indicated the source of her mother's funds was revenue from land purchased via funds from her mother's brothers in Australia and the United Kingdom.

10 The officer expressed his concerns to the applicant that she appeared focused on Canada despite her British and American based studies, as shown by her lack of applications to other countries and her failure to advance herself in Sri Lanka in the previous two years. The officer noted she gave vague answers and did not seem to have considered the financial benefit from the studies or how long it might take to recoup the costs. The officer noted the funds for her studies were not the applicant's or her mother's, but from third parties in other countries. The officer was not satisfied once she was in Canada the funds would be used to pay for her studies or that her uncles could afford to pay for her studies. The applicant said her mother's loan of two million Sri Lankan rupees had been paid back to her and the original money for the loan had come from her brothers.

11 The officer indicated the applicant had not allayed these concerns. The applicant had not demonstrated good establishment in Sri Lanka and shown weak economic and family ties. The officer was not satisfied that the main purpose of the application was not to gain entrance to Canada. The officer was not satisfied the funds owned by the uncles would be used to pay for the applicant's studies. The officer was not satisfied the applicant would depart Canada once granted entry. The officer refused the application.

Issues

12 The applicant submits the following points at issue:



· 1.

Did the officer commit a reviewable error by determining without sufficient evidence that the applicant would not leave Canada on the completion of her studies?

· 2.

Did the officer commit a reviewable error by failing to assess the evidence before determining that:



· (a)

the applicant did not have adequate funds to pay for her studies and return to her country of residence;

· (b)

the source of the applicant's funds was not her mother; and

· (c)

the funds listed in her application would not be used to pay for her studies in Canada?

13 I would rephrase the issues as follows:



· 1.

What is the appropriate standard of review?

· 2.

Did the officer err in refusing the application?

Applicant's Written Submissions

14 The applicant submits that the appropriate standard of review is reasonableness, given the issues are questions of fact.

15 The applicant argues the officer failed to consider the totality of the evidence in determining she was not likely to return to Sri Lanka. The officer had a duty to verify the strength of an applicant's family ties in assessing her establishment in Sri Lanka. This Court has held that a child's close relationship to her parents is an important and relevant factor which an officer must consider and that the mere fact that an applicant was single without dependants was not sufficient to justify a finding of non-establishment.

16 The applicant further argues oversimplified generalizations should not supplant an individualized assessment and that it has been recognized that a person may have the dual intent of immigrating to Canada and of abiding by immigration law respecting temporary entry.

17 The applicant argues the officer's finding of weak social and economic ties to Sri Lanka was unreasonable. The officer failed to consider her personal circumstances and it was unreasonable to expect a person at her stage of life to have substantial family or economic ties. The officer also erred by focusing on the quantity of the applicant's familial ties instead of the strength of her relationship to her mother, who had no other support in Sri Lanka. That relationship represented a strong incentive for the applicant to leave Canada at the end of her authorized stay.

18 The fact that the applicant has not completely considered how to recoup the costs of her education was irrelevant to whether she was a bona fide student who would return to Sri Lanka. Focusing on this issue exclusively ignored the reasons given by the applicant for her desire to study in Canada.

19 The applicant offers statistics on the Sri Lankan economy showing it has improved since the end of the civil war in 2009, meaning the officer's assumptions about recouping the cost of education were wrong. The applicant argues it was not open to the officer to speculate about what the future may hold for the applicant.

20 The applicant argues she gave valid reasons for wanting to study in Canada, including the cost of tuition and the quality of education at York University. The applicant submits that even if the officer believed the applicant would later apply to immigrate to Canada, this is not a proper basis on which to reject a study permit.

21 On the issue of sufficient funds, the applicant argues the officer failed to consider the evidence of the applicant's mother's finances. There was no reason to believe the funds belonged to her uncles, rather, she had stated that they had provided her mother with funds to buy land in 2009, but her mother had sold that land in 2011. The officer disregarded abundant evidence of the mother's personal financial resources.

22 In her further memorandum, the applicant repeats these arguments and notes that the inconsistent responses relating to her job application are simply attributable to the difference between a formal job application and an informal inquiry.

Respondent's Written Submissions

23 The respondent argues the appropriate standard of review is reasonableness, given that the officer's decision is discretionary and for the most part a question of fact.

24 The respondent recites the factors the officer considered in refusing the application and argues the officer is entitled to rely on common sense and rationality in determining a visa applicant's intentions. The respondent characterizes the applicant's arguments as pertaining only to the weighing of evidence. The officer's reasons were clear and the law is well established that only very minimal reasons are required for this type of temporary resident visa application.

25 The officer was not required to extensively refer to every piece of evidence. The onus was on the applicant to demonstrate that she would leave Canada as required and has the financial resources to support herself. The officer was under no legal duty to ask for clarification or additional information.

Analysis and Decision

Issue 1

What is the appropriate standard of review?

26 Where previous jurisprudence has determined the standard of review applicable to a particular issue before the court, the reviewing court may adopt that standard (see Dunsmuir v New Brunswick, 2008 SCC 9 at paragraph 57, [2008] 1 SCR 190).

27 I agree with the parties that a visa officer's decision on a study permit application should be reviewed on a reasonableness standard (see Patel v Canada (Minister of Citizenship and Immigration), 2009 FC 602 at paragraph 28, [2009] F.C.J. No. 787).

28 In reviewing the officer's decision on the standard of reasonableness, the Court should not intervene unless the officer came to a conclusion that is not transparent, justifiable and intelligible and within the range of acceptable outcomes based on the evidence before it (see Dunsmuir above, at paragraph 47). As the Supreme Court held in Canada (Citizenship and Immigration) v Khosa, 2009 SCC 12, [2009] 1 SCR 339, it is not up to a reviewing court to substitute its own view of a preferable outcome, nor is it the function of the reviewing court to reweigh the evidence (at paragraph 59).

Issue 2

Did the officer err in refusing the application?

29 The reasonableness standard brings with it the Dunsmuir above, value of justification. In this matter, the applicant contends that the two findings made by the officer were not reasonably justified given the evidence presented. I would also add that the value of transparency is engaged, as the basis for several factual findings was far from clear in the officer's own notes.

30 The officer's finding that the funds for the applicant's studies belong to her uncles is not transparent. The officer does not give a reason for this finding and it conflicts with the officer's note elsewhere that the financial records reflect the mother having a fixed deposit of the equivalent of $123,000 Canadian. The only mention of the uncles is the officer's note that the uncles had given the applicant's mother the money to pay for land that was ultimately sold and that they had provided her with money for a loan that had been paid back. How the officer infers that the fixed deposit funds do not now belong to the mother is impossible to tell from the reasons. There is simply no indication anywhere in the record why the officer would doubt the ownership of the deposit. Transfers of wealth from immigrants in rich countries to their family members in less developed parts of the world are a common feature of globalization and hardly an obvious indicator of deception.

31 It is not this Court's role to reweigh evidence and the officer did raise valid concerns about the visa application. The finding on this point, however, is unreasonable, given that the applicant had provided proof of access to funds for the cost of her education and it is impossible to discern from this record why the officer doubted that evidence.

32 On the issue of the applicant's intention to return to Sri Lanka, I find the officer's reasoning to be similarly opaque. The officer concluded the applicant had only weak family ties to Sri Lanka. As there is no elaboration on this finding, one can only assume the officer concluded the ties are weak due to only a single family member being in that country. However, to judge family ties solely based on the quantity of family members is to ignore the relevant factor of the strength of the child-parent bond (see Guo v Canada (Minister of Citizenship and Immigration), 2001 FCT 1353 at paragraph 15, [2001] F.C.J. No. 1851). The officer may have had legitimate reasons for doubting the strength of that bond in this case. The record is silent, making it very difficult for this Court to see this finding as reasonable.

33 While the family tie was only one part of the evidence considered by the officer on the issue of intention to leave Canada, it clearly was central to that determination and I cannot discern how the officer would have decided absent that finding.

34 The two reasons identified by the officer for rejecting the visa application were both based on unreasonable findings. Therefore, I would grant the application and remit the matter to a different officer for redetermination.

35 Neither party wished to submit a proposed serious question of general importance for my consideration for certification.

JUDGMENT

THIS COURT'S JUDGMENT is that the application for judicial review is allowed, the decision of the officer is set aside and the matter is referred to a different officer for redetermination.

O'KEEFE J.

* * * * *

ANNEX

Relevant Statutory Provisions

Immigration and Refugee Protection Act, SC 2001, c 27



· 25.

(1) Subject to subsection (1.2), the Minister must, on request of a foreign national in Canada who applies for permanent resident status and who is inadmissible or does not meet the requirements of this Act, and may, on request of a foreign national outside Canada who applies for a permanent resident visa, examine the circumstances concerning the foreign national and may grant the foreign national permanent resident status or an exemption from any applicable criteria or obligations of this Act if the Minister is of the opinion that it is justified by humanitarian and compassionate considerations relating to the foreign national, taking into account the best interests of a child directly affected.

· 72.

(1) Judicial review by the Federal Court with respect to any matter -- a decision, determination or order made, a measure taken or a question raised -- under this Act is commenced by making an application for leave to the Court.

· 96.

A Convention refugee is a person who, by reason of a well-founded fear of persecution for reasons of race, religion, nationality, membership in a particular social group or political opinion,



· (a)

is outside each of their countries of nationality and is unable or, b for you. It's a two way thing.

At last oooo
Congratulations to you
Pls share your timeline n profile.
Thanks

skirmish:
I got approved today.
Thanks to everybody. I learned from every one of you.

To Mr. Frank, it is only God that can reward your selflessness. God bless you!

Keep keeping on, guys!

Approval ! ! !
Paper applicant
Submitted -July 11
Medical request aug -23
Medical done -sep 9
Approval- September 30th

Documents submitted
Parents visa page of US and Canada
Sibling visa page of Canada visit visa
My Visa page for Canada visit (I’ve visited once)
Younger sis study permit in Canada
Landed documents for both my mum and dad
Dad’s Cac
My CV
My WAEC result
University Transcript
Degree certificate
Letter of introduction from Dad’s company stating I’m the managing director of the company
My ID card showing my role in the company
3 page SOP
Affidavit of sponsorship from dad
Police clearance
My siblings passport page
Dads savings Statement of account
Acceptance letter to Conestoga College
Receipt of tuition deposit of 1500Cad
Nysc Certificate
Birth certificate
I studied agricultural economics and extension in uni and I applied for diploma in business-finance. Tho I was skeptical cus I was supposed to show progression in my career but my sister who is schooling there said it doesn’t matter that I should just explain in my sop that I was looking into a second degree and I got most of the information from Nairaland even tho I was a silent reader. Thank you all for the help. And I wish others expecting a response approvals.

SOGalex:
I am sorry about your refusals. But i want to reiterate that there is something you are not doing right that u will not know until you order for your GCMS. If it's possible for u to order for the gcms for the 3 refusals u will discover a similar error or reason for the refusal

Although you didnt quote me but I guess this was for me.
My dear, I have the two GCMS note for the first and 2nd. Only the third that is still on the way. The truth is they both said different things. Personal assets own was an error on the VO's part.
Purpose of visit own was that study plan was vague. Then I contact the great and experienced men here (thanks to them), we worked hard to nail all the areas. When the 3rd come I will inform you in camera.

Congratulations!!!

[quote author=Neephemy post=82712256]Approval ! ! !
Paper applicant
Submitted -July 11
Medical request aug -23
Medical done -sep 9
Approval- September 30th

Can you share your profile. Docs you uploaded i mean

makano:
This is my candid advise to you, Order for the GCMS notes of ur 3 aplications that were refused, I am pretty sure there is somwthing you have not really tackled that will be repeated in those notes. And to the bolded, if you are thinking of taking them to court for Judicial review, my sister that isnt a good move. Except you have the money, time, energy and patience, then u can go ahead with ur judicial review. If not, please order for ur 3 applications GCMS notes, get what is wrong, tackle it and re-apply... Peace

@makano, I have the GCMS notes except for the third one which is still on the way. It was the notes I used to reapply. Ask the great men here they will tell you. Or do you want me to dash you the GCMS notes LOL.
Anyway, as for the court, I have their time because I de vex and yes I will be patient.

Apparently, the fate of an applicant is solely on the type of VO handling the application. No more rules here.

jessyeve:
Ignore people asking you to reapply the fourth time, there is high probability of getting a refusal again because their reasons so far ain't justified so what stops them from throwing another irrational reason at u? Think of it and save ur time and go to court.

You seem to understand my anger. Abi you sef de follow help me vex � LOL?
Anyway, thank you, bless you!
Even though I may send another application, and try another country, but that court is inevitable, in fact the moves has been made and no going back. I will be patient.

makano:
Sorry to ask, but how old are you... 2. How many years study gap do you have.. 3. When last did you attend an Institution before now? 4. How related is ur Previous study to ur proposed study? 5. Are you self sponsored or being sponsored by ur husband or a 3rd party.. 6. While away, did you show proof of finances that ur 2 year old child will be very comfoetable... Am not a VO, but answer this questions for us to have a clue before ur GCMS notes drops.. Peace

Trust me, all you mentioned or asked has a pass mark. Trust me...

For someone who doesn't have anybody in Canada how do I order for gmcs note?

Olatycoon:
For someone who doesn't have anybody in Canada how do I order for gmcs note?

Google gcms notes order some third party companies would pop up just ready approximately 5k