- Weak ties to home country,
- Strong ties in Canada,
- The program of study is not for progressive learning but redundant or even reversal learning,
- The desired program of study is unreasonable given the Applicant’s established economic development, such as education achieved and work experience gained, to name a few,
- The desired program of study is unrelated to the Applicant’s current establishments,
- There is no mention of a clear career path upon Program completion,
- The potential benefits do not justify the costs of overseas study, and
- Similar opportunities are available in Hong Kong, etc.
- I am not satisfied that you will leave Canada at the end of your stay as required by paragraph R216(1)(b) of the IRPR.
- The purpose of your visit to Canada is not consistent with a temporary stay given the details you have provided in your application.
Lingepo vs Minister of Citizenship and Immigration (MCI)
- Page 2 para 3 – 簽證官拒簽理由， “Following my review of the application for a study permit, I find the applicant’s plans to study in Canada questionable due to his previous studies and personal background. In addition, the cost of the study program appears disproportionate to me when I consider the nature of the previous studies, the economic situation (income and assets presented) of the applicant and/or the immediate family, and the potential job prospects/salaries. On the basis of my review of the file, I am not satisfied that the applicant would be a bona fide student who would leave Canada, if required, after an authorized stay. Application denied.” 我們只針對成本效益的質疑。
- Page 6 para 17 – “The officer’s concerns about the disproportionate cost of the study program lack justification.”
- Page 6 para 18 – “It is recognized that it is not the officer’s role to determine the value of learning to an applicant.”
- Page 7 para 21 – “The decision therefore lacks the hallmarks of reasonableness.”
Liu vs MCI
- Para 11 – “Counsel for the applicant further submits that it was not in the Visa Officer’s domain to suggest that ‘the potential benefits of the proposed study are not justified by the cost of the proposed plan.’” 這是申訴人代表律師所提出的理據，很明顯十分熟書。
- Para 16 – “To suggest that the proposed plan of studies is not justified by the cost of the proposed plan is almost absurd. It is not to the Visa Officer to determine how much money should be spent in improving one’s lot in life. This is purely a subjective and irrational observation.” 這是法官評語。
- Para 18 – “This Visa Officer’s assessment, if allowed to stand and applied to others, would obviate any possible further applicant from obtaining a visa to study in Canada.” 這是法官的重磅評語，意思是，如果他現在不主持公道判申訴人得直的話，等於默許簽證官的不合理處理方式，這案例亦會對未來的SP申請人十分不利。
Carin vs MCI
- Page 4 para 9 – “Given the Applicant’s demonstrated ability to afford the expense and her specific reasons for choosing the program, I find that the Officer’s bald statement that ‘the benefits of the intended studies do not seem to warrant the cost and difficulty of undertaking foreign education” falls short of the reasonableness standard.’”
- Page 5 para 11 – “I recognize that a visa officer is entitled to considerable deference when granting or refusing study permits and that it is not the role of this Court to reweigh the evidence on the record or to substitute its own conclusions for those of the visa officer. However, I find that even when read as a whole, the requirements of a reasonable decision have not been met in this instance, as I am unable to understand the reasoning that led to the Officer’s conclusion.” 意思是，法官明白前線簽證官有一定的隨意權力，是要受尊重的。同時，也不是加拿大聯邦法院的職責去審核申請人提交的材料。但是，很明顯簽證官的決定未能符合reasonable decision的標誌，很起碼法官難以理解簽證官拒簽的理由。
- 你只需要跟着IMM5959的最後一頁，對study plan的簡單指引着筆，以向前的態度如實寫出來，而不是看着上述10個拒簽理由，反方向左右你下筆。前者是很自然的，後者則是很刻意的，簽證官很容易看得出來。
A study plan, approximately one page in length, written by the student.
The study plan should include the following information:
- why you wish to go to Canada to study at the school and in the program for which you have been accepted;
- your overall educational goals; and
- how this Canadian diploma or degree will increase your employment chances.
這篇文章是黃先生部署Study Plan系列的最後一篇，只是分享其章法而已，所謂道同則相謀，黃先生除了應用以上的硬資料外，更會針對以上10個拒簽理由，總結為3個問題，透過客戶的回應，作為參考而尋找書寫靈感，但僅此而已。換句話說，你所提供的思考點，有可能完全不被使用，最重要的是，Study Plan是由黃先生及客戶共同簽署的，你絕對有最後把關的權利。
如果想了解更多或需要任何諮詢服務, 你可以填寫以下表格直接聯絡 Alfred Wong。