Refusal of Study Permit under Subsection 16 (1) of the Acts
Refusal of Study Permit under Subsection 16 (1) of the Acts
Our [x] client from Malaysia has applied for a study permit in Canada but it is unfortunate for him of not to receive a favorable decision from the Visa Office where he has had submitted his application. The refusal grounds were, his travel history, other reasons: your proposed studies are not reasonable in light of one or more of: your qualifications, previous studies, gap in studies, or your future prospects and plans and subsection 16 (1) of the Acts- in which, he has not declared his previous PR application for Canada, as per column (2b), for background information on his completed study permit application 1294.
[Background], the client is 35- years-old, married and an Entrepreneur in Malaysia, for nearly nine (9) years, he has had previously studied Bachelor of Science in Canada 10- years ago, at that time, he followed the conditions of his study permit – he then returned to Malaysia and became an Entrepreneur himself, while in between those many years’, he got married and studied MBA in Malaysia. While, IRCC has announced its changes for Express Entry, wherein having a qualification in Canada would have corresponding points for their CRS, with this, he was enticed to register and created a profile for express entry, for the purpose mainly of computing his points, taking into consideration his past qualification in Canada. The nature of his industry, he is currently working in, requires many travels from Asia Pacific Region, Europe (France), Australia and in Mauritius, thus he intends to pursue another qualification specializing into Sales and Marketing which is a Post Graduate Diploma course, offered by the institution in Canada.
When we have his previous application reviewed and analyzed – more particularly with his study plan, and supporting documents, it is tenuous in the context of providing evidence of documents to demonstrate his strong ties in Malaysia and there were insufficient information declared or stated into his study plan which will persuade the Visa Officer, that upon the completion of his proposed studies for Canada, he will go back to Malaysia [div 2, part 9 of the regulations]. These were all corrected in his reapplication for a study permit in Canada, as to that claim of the Visa Office, which he has failed to declare his ‘PR application were refused’, we have made a crystal clear argument in relation to this, that no evidence at all, that he has had applied for PR and were refused. Besides, assuming he did applied for PR and refused, before submitting his study permit application for Canada, what the Acts [IRPA ] on how to address certain applications [excerpt from IRCC website] A22(2) states “An intention by a foreign national to become a permanent resident does not preclude them from becoming a temporary resident if the officer is satisfied that they will leave Canada by the end of the period authorized for their stay.” Dual intent is present when a foreign national who has applied for permanent residence in Canada also applies to enter Canada for a temporary period as a visitor, worker or student. Dual intent on the part of the applicant is therefore not prima facie grounds for refusal of temporary resident status.
The distinction between calculating your CRS points from our point of view; when registration is made for express entry, does not relevantly implied one’s intention to apply for PR in Canada, unless application is submitted and assessed by IRCC – however, if one’s intention or plan to apply for PR were confirmed; and being processed or refused, then it does not stop him to apply for a temporary visa for Canada, on the basis of the Acts “Dual Intent”.
Contact Visa Online Assistance for your study permit application in Canada. For first submission of your study permit application, it would be best to be assisted with our well- experience consultant/analyst to ensure you have greater chances of meeting its criteria & specific visa instructions in place, according to your circumstances. For a refused study permit application and wanting to reapply check out our 3 steps process or reapplication to a refused study permit. Our WhatsApp number: +63 905 257 6013 email: info@visaonlineassistance.com or visit https://www.visaonlineassistance.com for more information.
