Navigating Canada’s immigration system can be complex, especially when applying for a study visa. In this blog, with the help of Immigration expert Evelyn Ackah, we examine Kumar v. Canada (Citizenship and Immigration), a case that highlights the challenges applicants may face and the key factors that influence visa decisions.  

Applying for a Canadian study visa is a significant step for many international students, but as seen in this case, even seemingly strong applications can be denied. This case serves as a valuable reminder that no foreign national has a qualified right to enter and stay in Canada. This means that, upon appeal of an application decision, procedural fairness is low as an application does not raise substantive rights. Substantive rights refer to the right to life, property, liberty or reputation. 

The Case Context:  

Kumar, an Indian native residing and working in the UAE with his family, was applying for a Study Visa to come to Canada without his family, giving up his UAE permits to do so. Kumar had hoped to obtain his MBA to assist his work prospects in the field of Architecture, for which he already had a Masters degree.  

Kumar’s application was ultimately denied on the basis that… 

1) Obtaining an MBA was not believed to better the applicant’s work prospects; 

2) The applicant would be giving up their residency status in the UAE to do so; and  

3) The applicant did not have significant ties to its country of origin, having not been there in many years.  

Thus, it was concluded that there was no evidence that the applicant would leave Canada at the end of the study period.   

Minimal Explanation for Visa Denials: 

One crucial aspect to consider is that Canadian immigration law permits minimal reasoning for visa refusals.  

Canada receives over one million applications annually for various types of permission to stay in the country, with hundreds of thousands being denied. It is widely acknowledged that, in such instances, providing only a brief explanation for a refusal is both reasonable and standard practice. While this does not eliminate the need for a stated and clear rationale, a minimal explanation is generally sufficient. 

In this case, the Officer in charge of Kumar’s application provided ample justification with multiple reasons for declining the application. In this instance, the applicant did not sufficiently persuade the Officer of the merits of his case, as his argument for the study visa was based solely on furthering his education for enhanced work prospects.  

Further working to his disadvantage, it was also shown that, based on his presented CV, the applicant had work experience in business and management. This undermined his claim that an MBA was necessary for his career growth. 

How to Strengthen a Study Visa Application: 

Kumar’s case highlights several important lessons for prospective applicants:   

1. Provide a Strong Career Justification – Applicants should present clear evidence that their chosen program is necessary for career advancement and, ideally, has more than one reason for choosing to apply for a visa.  
2. Demonstrate Strong Ties to Home Country – That reasoning should also be firmly backed by evidence of success and strong permanent residency status in the country of origin or residence. Ties like family, extended family and friends are not enough. A well-supported application should include proof of employment, property ownership, or other compelling reasons to return home. 

While there is never a guarantee of approval, Kumar v. Canada demonstrates the importance of preparing a well-supported study visa application.  

We have over 100 legal experts at Caravel Law, including Immigration experts. If you have questions about your visa applications, get in touch with our team today!