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Visa refused citing a 'violation of stay conditions' despite never having visited Canada: judicial review or reapply?

Canada • Visitor Visa • immigration 0 views
By VisaBuddies Communityvia community — compiled from public visa forums

Step-by-Step

An applicant was refused and shocked to see the refusal letter claim they had violated the conditions of a prior stay in Canada — despite never having visited the country. They also worried the officer saw their ties to Pakistan as weak because their family (apart from one sibling in the UK) all lived in Pakistan, which they felt they'd clearly stated in their Statement of Purpose.

Two paths the thread suggested:
  1. Judicial review through a Canadian-registered immigration lawyer. This is the formal legal route for challenging a refusal you believe is based on a factual error (like a case-of-mistaken-identity 'prior violation' claim), and generally requires a lawyer licensed in Canada to file.

  2. A web form request for reconsideration with clear, valid justification. This is a lower-cost, non-legal route to flag an apparent error directly to IRCC — attaching evidence that contradicts the 'prior visit/violation' claim (e.g., passport stamps showing no Canadian entry) strengthens this route.


Given the apparent factual error in the refusal (claiming a nonexistent prior visit), documenting and disputing that specific point — whichever route you choose — should be the priority, separate from any broader argument about ties.

Dos, Don'ts & Tips

  • Do: If a refusal cites a factual error (like a Canadian visit that never happened), gather evidence (e.g. full passport history) to directly contradict it before deciding your next step.
  • Tip: A web form reconsideration request is a lower-cost first step; judicial review through a Canadian-registered lawyer is the formal legal route if that doesn't resolve it.

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