𝗞𝗲𝘆 𝗟𝗲𝗴𝗮𝗹 𝗖𝗼𝗻𝘀𝗶𝗱𝗲𝗿𝗮𝘁𝗶𝗼𝗻𝘀 𝗳𝗼𝗿 𝗧𝗲𝗺𝗽𝗼𝗿𝗮𝗿𝘆 𝗥𝗲𝘀𝗶𝗱𝗲𝗻𝘁 𝗩𝗶𝘀𝗮 𝗔𝗽𝗽𝗹𝗶𝗰𝗮𝘁𝗶𝗼𝗻𝘀

Applicants for a Temporary Resident Visa (TRV) must prove their eligibility, including demonstrating that they will leave Canada at the end of their stay. The visa officer considers various factors, such as the purpose of the visit, ties to the home country, and financial stability, to assess the likelihood of departure.

One critical requirement is providing proof of financial sufficiency. Visa officers are expected to thoroughly evaluate the origin, source, and stability of the applicant’s funds (Abdisoufi v. Canada, 2024 FC 164).

Federal Court jurisprudence highlights that Immigration, Refugees and Citizenship Canada (IRCC) can reasonably refuse a visitor visa application if the applicant fails to submit all required documents. For applicants from India, this includes six months of bank statements and two years of income tax returns.

In the case of Bawa v. Canada (Citizenship and Immigration), 2024 FC 1605, the applicants sought Temporary Resident Visas to visit family in Canada. Their applications were rejected due to concerns about their intent to leave, insufficient financial documentation, and the inconsistency of their visit’s purpose with a temporary stay.

The Applicants sought judicial review under subsection 72(1) of the Immigration and Refugee Protection Act (IRPA), arguing that the officer had overlooked evidence showing they had enough funds for a one-month visit. However, the Court applied a reasonableness standard and ruled that judicial review would only be granted if the decision was unreasonable—lacking justification, transparency, or clarity.

The applicants failed to provide key financial documentation, such as six months of bank statements or two years of income tax returns, as required by Visa Office instructions for Bengaluru, Chandigarh, and New Delhi. Though these instructions are not legally binding, the applicants’ failure to comply—or explain why the documents were missing—led the officer to reasonably conclude that the applicants’ financial situation was insufficient.

The Court upheld the officer’s decision, emphasizing that judicial review is not an opportunity to reweigh evidence but rather to ensure the decision is defensible based on the facts and applicable law. The lack of required financial documentation was deemed a valid reason for refusal.

This case underscores the importance of submitting comprehensive financial documentation when applying for a Temporary Resident Visa. Failure to meet documentation requirements can lead to a visa refusal, and the Court will generally not interfere unless the officer’s decision is unreasonable.

For more information, visit www.fusionlaw.ca

𝘕𝘰𝘵𝘦: 𝘛𝘩𝘪𝘴 𝘤𝘰𝘯𝘵𝘦𝘯𝘵 𝘱𝘳𝘰𝘷𝘪𝘥𝘦𝘴 𝘢 𝘨𝘦𝘯𝘦𝘳𝘢𝘭 𝘰𝘷𝘦𝘳𝘷𝘪𝘦𝘸. 𝘍𝘰𝘳 𝘴𝘱𝘦𝘤𝘪𝘧𝘪𝘤 𝘭𝘦𝘨𝘢𝘭 𝘢𝘥𝘷𝘪𝘤𝘦, 𝘪𝘵 𝘪𝘴 𝘳𝘦𝘤𝘰𝘮𝘮𝘦𝘯𝘥𝘦𝘥 𝘵𝘩𝘢𝘵 𝘺𝘰𝘶 𝘤𝘰𝘯𝘴𝘶𝘭𝘵 𝘸𝘪𝘵𝘩 𝘢𝘯 𝘢𝘵𝘵𝘰𝘳𝘯𝘦𝘺 𝘳𝘦𝘨𝘢𝘳𝘥𝘪𝘯𝘨 𝘺𝘰𝘶𝘳 𝘪𝘯𝘥𝘪𝘷𝘪𝘥𝘶𝘢𝘭 𝘤𝘪𝘳𝘤𝘶𝘮𝘴𝘵𝘢𝘯𝘤𝘦𝘴.