In recent months, there has been an alarming increase in rejections of immigration applications in Canada. This includes tourist visas, work permits, study permits and even permanent residence applications. What is most concerning is that many of these rejections appear to be unjustified, which has left applicants confused as to why their case was denied.

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But who is behind the rejection of well-founded immigration applications? If you are going through this situation, I invite you to read this blog where I will explain the origin of these rejections and give you the necessary tools to fight them. Let's get started!

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The source of the problem: artificial intelligence and cutbacks

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As of the date of this article, Immigration, Refugees and Citizenship Canada (IRCC) has been laying off more than 3,000 employees. This represents a drastic reduction in staff, which, on top of that, is combined with an increase in the number of applications, and this has led to files not being reviewed with the necessary care, overlooking applications that are well done and taking them as erroneous or incomplete.

Therefore, Canada has implemented artificial intelligence to review applications as a way to replace the lack of personnel. It is a robot called Chinook, which is in charge of analyzing the files and comparing them with the requirements. 

Chinook is an artificial intelligence system used by the Canadian government to process visa applications. It functions as an automatic filter that reviews documents in a file to verify that they meet basic requirements, helping immigration officers handle a large volume of cases. However, its limitation is that it does not have the ability to judge nuances or understand human situations, which can result in well-founded applications being rejected for mistakes that a human would not make.

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How does Canada respond: agility in the process?

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To mitigate these damages, IRCC has implemented a new measure, which consists of sending the rejection accompanied by the analysis notes of the officer who denied your case. Previously, the only way to access these notes was through a formal process called ATIP, which could take up to 60 days to deliver the information.

In theory, this new policy seeks to streamline the process and give the applicant a clear explanation. However, in practice, some of these notes are still as generic as the rejection letters that were issued before, so it remains to be seen whether this measure will solve the problem completely.

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What to do when faced with an unjustified rejection?

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If you receive a rejection and are confident that your application was well founded, don't lose hope. There are resources and strategies to combat it.

1. Now more than ever it is important to submit a perfect application. Regardless of whether it is reviewed by a human or a robot, the file must be flawless and very well documented. The reason is that in the future, if you have to resort to a Judicial Review, you will not be able to add new information; the court will only evaluate the documentation you initially submitted.
2. If your request is rejected for one clear reason unjustifiedFor example, for lack of a letter of acceptance from the university (when you sent it), or for lack of roots (when you have solid evidence for your tourist visa), you may consider the following options:
   
   • Reapply, in case it is the first time you are denied, then you can correct the mistake and reapply.
   • Reconsideration of the IRCC decision. However, this is a subjective appeal and is not always accepted.
   • Judicial Review, if the denial becomes systematic, you may ask the Federal Court to review your application. The court will decide whether the denial was arbitrary and if so, IRCC will be ordered to have another officer review your case and make a new decision.

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Recommendations in the event of unjustified rejection

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When faced with a rejection that you consider arbitrary, stay calm. The first thing to do is to assess the situation carefully in order to make the right decision. Here are some guidelines:

• Analyze the rejection letter so that you can understand the reason for the denial.
• Check if the reason given is consistent with the documents you submitted. For example, if you are denied a study visa for lack of an acceptance letter, but you included it in your application, your denial may be unjustified. 
• Evaluate your options. After analyzing your case, you may choose to reapply, request reconsideration or initiate Judicial Review.

Seek specialized legal advice to successfully carry out any of these processes and ensure a successful reapplication.

The important thing is that you are not left with the option of rejection because you think there is no other solution. 

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Legal Representation of Immiland Law Professional Corporation

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If you have doubts about the reason for your refusal or do not know how to proceed, Immiland Law is here to represent you. Technology is at the forefront of immigration decisions in Canada, now more than ever be strategic and cautious with your application. Contact us if you require specialized advice.

Thank you very much for reading, see you soon!

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With love,

Immiland Law Professional Corporation