In a recent Federal Court Decision of Singh v. Canada 2018 FC 1240, Mr. Navratan S. Fateh argued that a Temporary Resident Visa from India should not be refused on the grounds that the Applicant has no international travel.
The Federal Court heard the arguments in Vancouver on December 11, 2018 and agreed with Barrister Navratan S. Fateh that simply because a person has no international travel cannot be taken as a negative factor, rather it can at most be taken as a neutral factor when making Temporary Resident Visa (Tourist Visa) decisions by Visa Officers outside Canada.
As per Barrister Navratan S. Fateh, “Building international history just for the purposes of applying for a Canadian Temporary Resident Visa is a common folly in India. The root of this evil comes from the advise of unauthorised and unregulated travel agents in India who regularly prey on individuals desiring to visit Canada. Often these individuals will spend 5-7 lakhs trying to build international travel to countries like Malaysia, Thailand and Dubai only to be later refused a Canadian Temporary Resident Visa (Tourist Visa).”
Although international travel abroad is always a favourable factor in making a determination, it is not the dealmaking criteria as quoted by unauthorized and unregulated travel agents.
In the case Singh v. Canada 2018 FC 1240 the Federal Court held that the temporary Resident Visa (Tourist Visa) refusal should be set aside on two grounds:
“It is not clear to me that the Officer took into account all the evidence that was submitted, in particular the evidence concerning the financial circumstances of the Applicants.”
“I am not satisfied that the Officer reasonably assessed the Applicant’s travel history, thereby committing a reviewable error, as discussed in the decision in Dhanoa v. Canada (Citizenship and Immigration), 2009 FC 729.”
Thereby, overturning or setting aside the refusal by the Visa Officer and sending it back to the tribunal for redetermination by a different Visa Officer.
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