Visitor / Tourist Visa Refusal Letter Reviewed

The letter says

Sentences from the State Department’s approved refusal letters (9 FAM 403.10-3):

• “A denial under Section 214(b) means that you were not able to demonstrate that your intended activities in the United States would be consistent with the classification of the nonimmigrant visa for which you applied.” See this row in the guide
• “You have not demonstrated that you have the ties that will compel you to return to your home country after your travel to the United States.” See this row in the guide
• “Please be advised that for U.S. visa purposes, including ESTA (see ESTA website), this decision constitutes a denial of a visa.” See this row in the guide
• “You are eligible to seek a waiver of the grounds of ineligibility. / No waiver is available for the grounds of ineligibility.” See this row in the guide

The official route

For 214(b) there is no appeal; the standard letters say you may reapply, and that a new application should include information not presented before. For 221(g), send what was requested; if the refusal is less than one year old the case can be reopened without a new application. For 212(a)(6)(C)(i) the State Department Manual calls the ineligibility permanent and describes a discretionary waiver route for visitors.

The letter says

Officer notes reproduced in Federal Court decisions (Barikder v. Canada and Bawa v. Canada):

• “Weighing the factors in this application, I am not satisfied that the applicant will depart Canada at the end of the period authorized for their stay.” See this row in the guide
• “The applicant’s assets and financial situation are insufficient to support the stated purpose of travel for themselves (and any accompanying family member(s), if applicable).” See this row in the guide
• “The purpose of the applicant’s visit to Canada is not consistent with a temporary stay given the details provided in the application.” See this row in the guide
• “there is insufficient evidence regarding the origin of these funds.” See this row in the guide

The official route

No formal appeal for a visitor visa. IRCC says to reapply only if something has changed or you have new documents that address the stated reasons. Other options are an informal reconsideration request, or leave and judicial review at the Federal Court, with a deadline of 15 days if the matter arose in Canada and 60 days if it arose outside Canada, counted from when you are notified.

The letter says

Refusal notices reproduced in Upper Tribunal decisions (R (Dutta) and R (Begum)):

• “I have refused your application for a visit visa because I am not satisfied that you meet the requirements of paragraph(s) V4.2 of Appendix V: Visitor because:” See this row in the guide
• “On the evidence before me, and the balance of probabilities, I am not satisfied that you have accurately presented your circumstances or intentions in wishing to enter the UK.” See this row in the guide
• “I am therefore not satisfied that you are a genuine visitor who will leave the UK at the end of your visit or who is genuinely seeking entry for a purpose that is permitted by the visitor routes.” See this row in the guide
• “I am not satisfied you have demonstrated any economic ties that would necessitate your departure from the UK.” See this row in the guide

The official route

No administrative review for a Standard Visitor refusal, and a right of appeal only where the application included a human rights claim. The closing paragraph of your notice states what applies. Appendix V sets no waiting period before a new application after a refusal on the evidence; after a deception refusal, SUI 12.1 lists a 10-year period for entry clearance applications for visits.

The letter says

The notice names the criterion not met. Home Affairs words the two requirements behind clauses 600.211 and 600.212, and the review sentence, this way:

• “Be a genuine visitor. You must only intend to: stay temporarily in Australia; obey any condition and stay period attached to your visa.” See this row in the guide
• “Have enough money. You must have, or have access to, enough money to support yourself while you are in Australia.” See this row in the guide
• “We will tell you why we refused your visa and whether you have a right to a review of the decision.” See this row in the guide

The official route

Home Affairs says the notice tells you whether you have a right of review. An applicant who applied from outside Australia generally has no right of ART review, so the route is usually a new application with better evidence.

The letter says

A decline letter with written reasons, using terms such as bona fide applicant, funds or sponsorship, onward travel, health and character. Immigration New Zealand describes the genuine-intentions test this way:

• “When you travel to New Zealand on a temporary visa, your intentions must be genuine.” See this row in the guide

The official route

For an application made from outside New Zealand the official route is a new application. Formal reconsideration is for certain onshore applicants and must be requested within 14 days.

The letter says

Lines from the standard refusal form, Annex VI of the Visa Code:

• “Justification for the purpose and conditions of the intended stay was not provided” See this row in the guide
• “You have not provided proof of sufficient means of subsistence, for the duration of the intended stay or for the return to the country of origin or residence, or for the transit to a third country into which you are certain to be admitted” See this row in the guide
• “There are reasonable doubts as to the reliability, as to the authenticity of the supporting documents submitted or as to the veracity of their contents” See this row in the guide
• “There are reasonable doubts as to your intention to leave the territory of the Member States before the expiry of the visa” See this row in the guide
• “You have not provided proof of possession of adequate and valid travel medical insurance” See this row in the guide

The official route

A right of appeal under the national law of the country that took the decision. The time limit is printed on your form. Article 32 of the Visa Code sets no waiting period before a new application.