possible timeline?

[Muj]

Hello all


After the refusal of my Study Permit, I went for a Judicial Review after and my lawyer applied for Application for Leave. All the submissions has been made from both the parties and I am waiting for the judge to respond. I haven't heard back yet and I was wondering how long could this take before I hear back on the decision for Application for Leave.

Thank you

 

[Muj]

@scylla any comments??

 

[scylla]

@scylla any comments??

I have no idea. You should ask your lawyer.

JR's for study permits are extremely rare here. I don't imagine anyone here is going to be able to comment on processing / wait times.

 

[aspirant256]

From July 2021, IRCC has stopped offering settlements due to backlogs.

 

[Muj]

@legalfalcon I saw your posts from before and seems like you helped a lot of people in terms of a JR. Do you have any comments on my situation. Any information would be greatly appreciated.

 

[legalfalcon]

@legalfalcon I saw your posts from before and seems like you helped a lot of people in terms of a JR. Do you have any comments on my situation. Any information would be greatly appreciated.

Has your lawyer filed the applicant's record?

 

[Muj]

Has your lawyer filed the applicant's record?

Yes he did. Please check the timeline below

Appiled AFL - 25 May
Notice of Appearance - 28 May
Rule 9 notes - 14 June
Applicant record - 9 July
Memo of argument - 9 August
Reply memo - 18 August.

No advancement after that.

 

[Muj]

Yes he did. Please check the timeline below

Appiled AFL - 25 May
Notice of Appearance - 28 May
Rule 9 notes - 14 June
Applicant record - 9 July
Memo of argument - 9 August
Reply memo - 18 August.

No advancement after that.

@legalfalcon

 

[legalfalcon]

Yes he did. Please check the timeline below

Appiled AFL - 25 May
Notice of Appearance - 28 May
Rule 9 notes - 14 June
Applicant record - 9 July
Memo of argument - 9 August
Reply memo - 18 August.

No advancement after that.

The respondent (IRCC-Attorney General of Canada) has 30 days from the date of service of the applicant's record to file, with proof of service on the other parties, one or more affidavits and a memorandum of argument. After this, the applicant within 10 days of service of the respondent's memorandum can file a reply memorandum.

Only after this, Court will give it in writing without the personal appearance of the parties whether the leave is granted or not. Most likely a decision has not yet been made.

The hearing must be held no sooner than 30 days and no later than 90 days after leave was granted unless the parties agree to an earlier date.

You can see the status of your case with the case number https://www.fct-cf.gc.ca/en/court-files-and-decisions/court-files#cont

Also, your lawyer will be able to let you know the current status.

 

[Muj]

Thank you so much. Do you know how long could the judge take to give out a decision on AFL? I checked the status of the file and it says, submitted reply memorandum and nothing else after.

 

[legalfalcon]

Thank you so much. Do you know how long could the judge take to give out a decision on AFL? I checked the status of the file and it says, submitted reply memorandum and nothing else after.

It can take 3-6 weeks. If it is granted, then a date for the arguments will be set, if not, then a written decision will be given.

 

[Muj]

It can take 3-6 weeks. If it is granted, then a date for the arguments will be set, if not, then a written decision will be given.

I passed the 6 week mark. Been 8 weeks now.

 

[AkelCA]

Hi there. How long it took for the AFL decision?