By Laura Schemitsch, Heron Law Offices, Canadian Immigration Lawyer
An important legal principle exists at the core of all temporary residence applications to Canada. By virtue of subsection 29(2) of the Immigration and Refugee Protection Act (“IRPA”), an Officer must be satisfied that a temporary resident will leave Canada at the end of the period authorized for their stay. Applicants should use clear supporting evidence to dissuade an officer of any concerns they might have regarding this ability and willingness to depart Canada.
Heron Law Offices was retained in the summer of 2025 to assist a client who had received an unreasonable refusal for their self-represented visitor visa (“TRV”) application. This client applied for a TRV to visit Canada for a short vacation to spend time with their partner, a Canadian citizen. The Applicant provided a detailed trip itinerary, event tickets and proof of their ties to their home country (ongoing work and study) and intention to return at the end of their authorized stay.
The TRV application was refused on the grounds that the Applicant had not established they would leave Canada at the end of their authorized stay, with the boilerplate refusal letter citing their purpose of visit and lack of family ties outside Canada.
Our office was retained to assist the Applicant in challenging the refusal through the judicial review process in the Federal Court of Canada. We argued the Officer’s templated reasons failed to provide sufficient intelligibility, transparency, and justification as required by the Court in Vavilov for a reasonable decision. We also pointed to contradicting evidence submitted by the Applicant, which was ignored in the refusal letter.
Following the submission of the Applicant’s Record in the fall of 2025, the Applicant received a settlement offer and the TRV application was re-opened after one month and a passport request letter received the following month. As a result, the Applicant successfully obtained a multiple entry TRV.
For more information about how HLO can help you prepare a strong TRV application or assist you following an immigration application refusal, please contact info@heronlaw.ca for a consultation.
