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Visit Visa Refusal

usasid

Newbie
Dec 11, 2023
7
2
I have found this in one of the group, it helps me alot;
. First step: application for leave and judicial review. ✅
2. Second step: if your case is accepted at court, you will get a case number. ✅
3. Third step: after registration, the court will send a letter to the embassy immediately for Rule 9 notes. ✅
4. In the 4th step, the Embassy will hire a lawyer against you. ✅
5. In the 5th step, three to six days after the registration of the case in court, the IRCC lawyer will send notice of appearance in court. ✅
Between steps 5 and 6, it often happens that the IRCC feels that they will lose the case in court, so they offer a settlement proposal for file reopening and redetermination from different visa officers.
6. In the 6th step, you will receive RULE 9 NOTES (GCMS) from the court within 15-30 days.
7. 7th step: after rule 9 notes, the court will give 30 days to submit the applicant record.✅
8. 8th step The IRCC lawyer will review and check if your case is strong, and he will offer you a settlement for redetermination by a different visa officer. Your refusal file will reopen again, and it can bring a direct PPR, this direct PPR mostly happen in scholarship cases. A visa officer may ask for a few documents, like a LOA, proof of funds, or medical or general documents, including any application form.
9. 9th step: If the IRCC lawyer feels your case is weak, he will submit his memorandum of arguments in 30 days, and it will take him 30 days total to submit. ✅
10. The 10th step court will give you 10 days for cross-arguments.✅
11. The 11th step judge will review both your and IRCC lawyer case files.✅
12. 12th step: upon review of our case material and IRCC lawyer case material, If judges find that IRCC wrongly refused the applicant, they will send the order to the concerned Canadian Embassy within 21 days of receiving notice to submit an official record (CTR) to send directly to court or dismantle the case without further processing.✅
13. 13th step: Upon review of the CTR, the judge may dismiss the case or give an order for leave granted with a hearing in court. If leave is granted, the judge will give the hearing date in court. At this stage, the IRCC mostly (90%) offers settlement proposals for redetermination from different visa officers. Your refusal file will reopen again in GCKEY. Normally, there are 90 days for a hearing and then a final decision on the hearing as judicial review is granted or the case is dismissed. ✅
14. 14th step: if judicial review is granted to the applicant, he will be given an order to reopen the refusal file by the different visa officer for redetermination with specific notes by the judge to new visa officer. ✅
15. In the 15th step, the new visa officer will either ask for additional documents or may issue a PPR without additional documents; this happens, but rarely. ✅
16. In the 16th step, if the new visa officer asks for additional documents and reviews the judge's comments in a judicial review about the previous visa officer's mistakes, he will issue a PPR or may refuse again for other reasons like proof of funds issues or any misrepresentation found in additional documents. ✅
17. In the 17th step, if you refuse again, the whole process of judicial review starts again for the refusal.✅
 
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anaszuberi

Newbie
Dec 29, 2020
9
1
I have found this in one of the group, it helps me alot;
. First step: application for leave and judicial review. ✅
2. Second step: if your case is accepted at court, you will get a case number. ✅
3. Third step: after registration, the court will send a letter to the embassy immediately for Rule 9 notes. ✅
4. In the 4th step, the Embassy will hire a lawyer against you. ✅
5. In the 5th step, three to six days after the registration of the case in court, the IRCC lawyer will send notice of appearance in court. ✅
Between steps 5 and 6, it often happens that the IRCC feels that they will lose the case in court, so they offer a settlement proposal for file reopening and redetermination from different visa officers.
6. In the 6th step, you will receive RULE 9 NOTES (GCMS) from the court within 15-30 days.
7. 7th step: after rule 9 notes, the court will give 30 days to submit the applicant record.✅
8. 8th step The IRCC lawyer will review and check if your case is strong, and he will offer you a settlement for redetermination by a different visa officer. Your refusal file will reopen again, and it can bring a direct PPR, this direct PPR mostly happen in scholarship cases. A visa officer may ask for a few documents, like a LOA, proof of funds, or medical or general documents, including any application form.
9. 9th step: If the IRCC lawyer feels your case is weak, he will submit his memorandum of arguments in 30 days, and it will take him 30 days total to submit. ✅
10. The 10th step court will give you 10 days for cross-arguments.✅
11. The 11th step judge will review both your and IRCC lawyer case files.✅
12. 12th step: upon review of our case material and IRCC lawyer case material, If judges find that IRCC wrongly refused the applicant, they will send the order to the concerned Canadian Embassy within 21 days of receiving notice to submit an official record (CTR) to send directly to court or dismantle the case without further processing.✅
13. 13th step: Upon review of the CTR, the judge may dismiss the case or give an order for leave granted with a hearing in court. If leave is granted, the judge will give the hearing date in court. At this stage, the IRCC mostly (90%) offers settlement proposals for redetermination from different visa officers. Your refusal file will reopen again in GCKEY. Normally, there are 90 days for a hearing and then a final decision on the hearing as judicial review is granted or the case is dismissed. ✅
14. 14th step: if judicial review is granted to the applicant, he will be given an order to reopen the refusal file by the different visa officer for redetermination with specific notes by the judge to new visa officer. ✅
15. In the 15th step, the new visa officer will either ask for additional documents or may issue a PPR without additional documents; this happens, but rarely. ✅
16. In the 16th step, if the new visa officer asks for additional documents and reviews the judge's comments in a judicial review about the previous visa officer's mistakes, he will issue a PPR or may refuse again for other reasons like proof of funds issues or any misrepresentation found in additional documents. ✅
17. In the 17th step, if you refuse again, the whole process of judicial review starts again for the refusal.✅
Thanks for sharing..I'm from Pakistan and want to file judicial review as well..from what I understand application for leave which also contains your arguments is the most difficult step because on the basis of this document court will decide whether to proceed for hearing..would be great help if you can share your application for leave in private message without the personal details
 

canuck78

VIP Member
Jun 18, 2017
53,062
12,800
Thanks for sharing..I'm from Pakistan and want to file judicial review as well..from what I understand application for leave which also contains your arguments is the most difficult step because on the basis of this document court will decide whether to proceed for hearing..would be great help if you can share your application for leave in private message without the personal details
What is your profile and why did you get denied a TRV. JR doesn't mean automatic TRV approval so unless you know that you have a very strong profile and should be approved and are a genuine visitor then it doesn’t make sense to apply for JR. Most will not be able apply for JR without a lawyer which typically means 4-5k+.
 

usasid

Newbie
Dec 11, 2023
7
2
Thanks for sharing..I'm from Pakistan and want to file judicial review as well..from what I understand application for leave which also contains your arguments is the most difficult step because on the basis of this document court will decide whether to proceed for hearing..would be great help if you can share your application for leave in private message without the personal details
The whole process contained personal information and not possible to share sorry! Agree with @canuck78 .
 

anaszuberi

Newbie
Dec 29, 2020
9
1
The whole process contained personal information and not possible to share sorry! Agree with @canuck78 .
I was just asking for the format. I found it on Google anyways .anyways thanks for nothing

I'm a Canadian pr applying for trv for spouse with sponsorship in process. Already applied trv through a Canadian lawyer so it's a strong application which I think can stand a judicial review but just in case it gets rejected I am preparing for judicial review which I file it myself as no point in wasting 5k as I already spend good money trying to file a strong application
 

albloshi_sa

Hero Member
Jul 28, 2019
390
80
I have found this in one of the group, it helps me alot;
. First step: application for leave and judicial review. ✅
2. Second step: if your case is accepted at court, you will get a case number. ✅
3. Third step: after registration, the court will send a letter to the embassy immediately for Rule 9 notes. ✅
4. In the 4th step, the Embassy will hire a lawyer against you. ✅
5. In the 5th step, three to six days after the registration of the case in court, the IRCC lawyer will send notice of appearance in court. ✅
Between steps 5 and 6, it often happens that the IRCC feels that they will lose the case in court, so they offer a settlement proposal for file reopening and redetermination from different visa officers.
6. In the 6th step, you will receive RULE 9 NOTES (GCMS) from the court within 15-30 days.
7. 7th step: after rule 9 notes, the court will give 30 days to submit the applicant record.✅
8. 8th step The IRCC lawyer will review and check if your case is strong, and he will offer you a settlement for redetermination by a different visa officer. Your refusal file will reopen again, and it can bring a direct PPR, this direct PPR mostly happen in scholarship cases. A visa officer may ask for a few documents, like a LOA, proof of funds, or medical or general documents, including any application form.
9. 9th step: If the IRCC lawyer feels your case is weak, he will submit his memorandum of arguments in 30 days, and it will take him 30 days total to submit. ✅
10. The 10th step court will give you 10 days for cross-arguments.✅
11. The 11th step judge will review both your and IRCC lawyer case files.✅
12. 12th step: upon review of our case material and IRCC lawyer case material, If judges find that IRCC wrongly refused the applicant, they will send the order to the concerned Canadian Embassy within 21 days of receiving notice to submit an official record (CTR) to send directly to court or dismantle the case without further processing.✅
13. 13th step: Upon review of the CTR, the judge may dismiss the case or give an order for leave granted with a hearing in court. If leave is granted, the judge will give the hearing date in court. At this stage, the IRCC mostly (90%) offers settlement proposals for redetermination from different visa officers. Your refusal file will reopen again in GCKEY. Normally, there are 90 days for a hearing and then a final decision on the hearing as judicial review is granted or the case is dismissed. ✅
14. 14th step: if judicial review is granted to the applicant, he will be given an order to reopen the refusal file by the different visa officer for redetermination with specific notes by the judge to new visa officer. ✅
15. In the 15th step, the new visa officer will either ask for additional documents or may issue a PPR without additional documents; this happens, but rarely. ✅
16. In the 16th step, if the new visa officer asks for additional documents and reviews the judge's comments in a judicial review about the previous visa officer's mistakes, he will issue a PPR or may refuse again for other reasons like proof of funds issues or any misrepresentation found in additional documents. ✅
17. In the 17th step, if you refuse again, the whole process of judicial review starts again for the refusal.✅
All of these details are not that useful.
We need details for Step 1 only.
How to submit the (application for leave and judicial review.)
Is it doable from outside canada? is it doable without a lawyer? what is the process to submit the application for leave to the court?
 

anaszuberi

Newbie
Dec 29, 2020
9
1
All of these details are not that useful.
We need details for Step 1 only.
How to submit the (application for leave and judicial review.)
Is it doable from outside canada? is it doable without a lawyer? what is the process to submit the application for leave to the court?
Thanks for echoing my thoughts. That post isn't really helpful. It's actually step 1 which is most difficult and for which lawyers charge most of the money. Personally I don't think he has filed judicial review as it is unusual for the settlement offer to come so fast.
 

albloshi_sa

Hero Member
Jul 28, 2019
390
80
Thanks for echoing my thoughts. That post isn't really helpful. It's actually step 1 which is most difficult and for which lawyers charge most of the money. Personally I don't think he has filed judicial review as it is unusual for the settlement offer to come so fast.
Its not difficult if you are in canada. You can approach the court and file it in a professional manner.
The process is written on the site
https://www.fct-cf.gc.ca/en/pages/representing-yourself/practice-guides/how-to-file-an-application-for-leave-and-for-judicial-review-immigration

The issue is for those who are outside canada and cannot approach the court.
Personally, I am searching for a possible way to approach a Canadian Court online. I found some e-filing process here
https://www.fct-cf.gc.ca/en/pages/online-access/e-filing#cont
but still kind of confused with the exact process.
Let me know if you reach some useful info.
 

iamsadtoday

Newbie
Feb 3, 2024
5
1
Its not difficult if you are in canada. You can approach the court and file it in a professional manner.
The process is written on the site
https://www.fct-cf.gc.ca/en/pages/representing-yourself/practice-guides/how-to-file-an-application-for-leave-and-for-judicial-review-immigration

The issue is for those who are outside canada and cannot approach the court.
Personally, I am searching for a possible way to approach a Canadian Court online. I found some e-filing process here
https://www.fct-cf.gc.ca/en/pages/online-access/e-filing#cont
but still kind of confused with the exact process.
Let me know if you reach some useful info.
This seems to be the link for the online filing:

Federal Court - Federal Court Electronic Filing System (fct-cf.gc.ca)