The Chief Executive Officer, TAR Global Placement Consulting, Taiwo Roluga, has insisted that it is not an end of life when Nigerians are refused Canadian visas as there is still a way out.
Roluga, while speaking with our correspondent recently, admitted that a lot of effort goes into an application for Canadian immigration/non-immigration purposes and these applications could take months of preparation and document collection, significant government processing fees, and more months of waiting for a response.
He stated,
“It is important for Nigerians and other Africans to know that a first refusal is not always a final refusal. There are essentially two options available if your visa application is refused – a request for reconsideration and bringing an application for leave and judicial review to the Federal Court.
“A request for reconsideration is basically an informal request that can be submitted to the decision-maker of a refused application after the refusal decision is received. It is an opportunity for an applicant to either point out a mistake or oversight committed by the decision-maker or advise the decision-maker of new evidence, which was not available at the time when the refusal was made.”
According to him, apart from officers having the discretion to review requests for reconsideration, in certain circumstances, the officers had been instructed that they must consider reconsideration requests and decide whether or not to exercise their discretion to grant the request.
He noted,
“For example, in the context of a spousal sponsorship application, and with respect to Pre-Removal Risk Assessment applications, officers must consider these requests. In other applications, such as in the context of H&C applications, officers may exercise this discretion. This option to reconsider is also expressly granted in the context of federal skilled worker applications in Canada.”
Citing another example, the consultant said an application through the Ontario Immigrant Nominee Program automatically gave applicants an opportunity to seek a review or reconsideration of the refusal decision of their applications.
He explained further,
“The reconsideration process is in place to provide applicants recourse to the refusal of their applications should they feel an error was made by the programme in its assessment.
“This is straightforward and the OINP website provides an email address where such requests should be sent and advises that requests must be received within 30 calendar days of the date on the refusal letter.
“In the past, I have used this process to request reconsideration. For example, a client’s application was refused because she did not include a certified true copy of a document that was required. I re-submitted the application on my client’s behalf, included the requisite certified true-copy, and requested politely that they continued processing the application. They agreed and our client is on the way to obtaining Canadian permanent residence.”
He advised that even in those programmes where a reconsideration request process was not specifically contemplated, it would still make sense to make a request. He gave examples of requests for reconsideration that he had made such as the refusal of application because an original police clearance certificate was not included and refusal because the applicant neglected to include a valid police clearance certificate but was able to get an updated one within one day of getting the refusal decision.
He added,
“An application was refused on the grounds that the applicant was the subject of an “enforceable removal order” whereas his removal order was actually not technically enforceable. A client’s work permit extension application had been refused too as the processing officer mistakenly concluded that the application was mailed after the work permit expired but it actually mailed before it expired. I can still remember a refused study permit where the officer erroneously concluded that person was applying for a Ph.D. instead of a Master’s degree, and did not have the necessary prerequisites.”
While pointing that some of these above examples of requests for reconsideration were successful, he admitted that there were unsuccessful cases too.
He, however, said,
“Nevertheless, it is important to know that this option is available if you need it, and it is available for programmes that do not specifically contemplate requests for reconsideration in their guidelines or filing instructions like the OINP.
“But sometimes, making these requests can be complicated, and every case is unique. For example, it is not always clear which officer to send it to, or which office such a request must be addressed to. To ensure that you are getting the best outcome, nothing replaces retaining an experienced and qualified lawyer who can help guide your actions and give you good legal advice in the circumstances.
“At TAR Global Placement Consulting, we are happy to assist with any and all matters relating to refusals of any immigration application, and it always helps to have a certified Canadian immigration consultant look at specific circumstances so as to help figure out the best way for you to move forward.”
