A Nigerian student's dreams of studying in Canada Deferred: What could have been done differently?
Kolawole v. Canada (Citizenship and Immigration), 2024 FC 2032 (CanLII)
Juliet Mabong Kolawole, a Nigerian citizen, applied for a student visa to study nursing at Oulton College in Moncton, New Brunswick. Her application was refused by a visa officer, leading her to seek judicial review of the decision. The visa officer's refusal was based on several grounds:
1. Insufficient financial resources to pay tuition fees without working in Canada
2. Insufficient funds to maintain herself during the study period
3. Insufficient funds for transportation to and from Canada
4. Concerns about her departure from Canada after the authorized stay period
The Federal Court dismissed Kolawole's application for judicial review, finding the visa officer's decision to be largely reasonable. The court noted that while the officer's conclusion about Kolawole's intention to depart Canada was not adequately justified, the decision was still reasonable based on the financial considerations alone.
What could have been done differently?
To increase the chances of a positive outcome in similar cases, applicants should:
1. Provide clear evidence of pre-paid tuition: Ensure all documents consistently show that tuition fees have been paid in full. In this case, conflicting information led to confusion about whether fees were pre-paid.
2. Demonstrate sufficient personal funds: When relying on funds from a third party or family-owned corporation, provide:
- A clear statement or board resolution from the sponsor/Corporation
- Evidence of the sponsor's financial capacity
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- A detailed letter of support explaining the arrangement
3. Include comprehensive financial documentation: Submit bank statements, proof of real estate property, and employment letters to substantiate financial claims.
4. Address potential concerns about departure: While having a multiple-entry visa and previous travel history is beneficial, be prepared to provide additional evidence of ties to the home country and intentions to return.
5. Ensure consistency across all documents: Avoid conflicting information in different parts of the application, as this can lead to doubt and refusal.
6. "Put your best foot forward": Provide all necessary information upfront, as there is no obligation for the officer to request additional information or clarification.
By addressing these points comprehensively in the initial application, applicants can strengthen their case and increase the likelihood of a favorable decision from visa officers.
Complete Judgement: