Judicial Review Settlement Question

[arturakhm]

Hi

I applied for PR under CEC in June,3, 2019. On November, 18 I got it refused for misrepresentation. Thinking that it was an unfair decision I filed it for judicial review in the federal court without a lawyer. In the end of February Department of justice settled my case and I signed notice of discontinuance. And then COVID happened. I understand that the situation is bad for everyone but I also can see that processing is not stopped and people who applied after end of February getting their applications move forward. CIC has not reopened my case neither give me any update. I keep contacting them through department of justice and CIC tries to get me off by sending a link to their ministry instructions:
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/ministerial-instructions/other-goals/mi40.html

I mentioned to them that based on its scope it does not apply to me and they stopped responding.

Also, I have 3 months on my BOWP remaining.

Based on the above I have these questions:

1) Normally how long it takes to reconsider an application once settlement is reached?
2) Is there any time frame a settlement is to be fulfilled?
3) Am I eligible for BOWP extension?

Thanks in advance.

 

[upon]

Sorry to hear it man.

I don’t really have any advices for you but just wondering why they accused you of something?
I saw you posted before about travel form request and employment letter.

What went wrong in the end? Please share.

Also, what do you mean by-“ In the end of February Department of justice settled my case and I signed notice of discontinuance.”??
Just within 2 months you had the hearing and the judge overturned IRCC decision? That looks very fast...

 

[arturakhm]

I saw you posted before about travel form request and employment letter.

What went wrong in the end? Please share.

Long story short.

After the employment letter CIC asked me for criminal check because in the questionnaire I mentioned that I got detained in the drunk tank back when I was a student. Worth saying that the request letter only mentioned criminal check and nothing else. I provided one within the deadline. And got a refusal for not providing explanation letter. I tried to send reconsideration request twice. First time a call center agent filed it for me. She agreed that this does not make sense. Second one I submitted through web form. Both times they basically said apply again,pay the fees. So I filed for judicial review and my GCMC did not even mention I provided criminal check but only that I did not provide anything, I pointed it all out,made an affidavit and got settlement request from department of justice. Now they just make me wait forever.

 

[upon]

This is absolutely crazy.
However, you mentioned that they refused you for misrepresentation (this means normally 5 years ban)..but now you are saying that cic told you twice “apply again,pay the fees“.

Are you sure they refused you for misrepresentation initially?

 

[arturakhm]

This is absolutely crazy.
However, you mentioned that they refused you for misrepresentation (this means normally 5 years ban)..but now you are saying that cic told you twice “apply again,pay the fees“.

Are you sure they refused you for misrepresentation initially?

I checked again they refused me based on:
16 (1) A person who makes an application must answer truthfully all questions put to them for the purpose of the examination and must produce a visa and all relevant evidence and documents that the officer reasonably requires.

Claiming that I did not provide documents they required.

Settlement is when they agree to reconsider and ask me to withdraw the court file.

 

[upon]

I am not sure but I think the ban is given only for section 40.
If section 40 was not mention in refusal letter there is no ban.

Please wait for @legalfalcon @scylla @canuck_in_uk @canadianwoman @jes_ON @zardoz and other seniors to clarify.

 

[legalfalcon]

Hi

I applied for PR under CEC in June,3, 2019. On November, 18 I got it refused for misrepresentation. Thinking that it was an unfair decision I filed it for judicial review in the federal court without a lawyer. In the end of February Department of justice settled my case and I signed notice of discontinuance. And then COVID happened. I understand that the situation is bad for everyone but I also can see that processing is not stopped and people who applied after end of February getting their applications move forward. CIC has not reopened my case neither give me any update. I keep contacting them through department of justice and CIC tries to get me off by sending a link to their ministry instructions:
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/ministerial-instructions/other-goals/mi40.html

I mentioned to them that based on its scope it does not apply to me and they stopped responding.

Also, I have 3 months on my BOWP remaining.

Based on the above I have these questions:

1) Normally how long it takes to reconsider an application once settlement is reached?
2) Is there any time frame a settlement is to be fulfilled?
3) Am I eligible for BOWP extension?

Thanks in advance.

1) Reconsideration is discretionary and there is no timeframe for it unless there was something to this effect that you agreed with IRCC in your settlement.

2) What are the terms of your settlement. You haven't mentioned that anywhere. When a case is settled, there is a settlement agreement which states all the agreed upon terms. What are those?

3) Ideally, this should have been in your settle agreement. You are only eligible to apply for BOWP if your PR application is in progress and has crossed R10. Given that you have requested reconsideration, which means that you file was closed, so technically you do not have a application that is open.

However, it all depends on the terms of your settle agreement.

 

[arturakhm]

2) What are the terms of your settlement. You haven't mentioned that anywhere. When a case is settled, there is a settlement agreement which states all the agreed upon terms. What are those?

First of all,thanks for the help.

Settlement terms are as follows:
1. The Applicant file a Notice of Discontinuance in Court.
2. The decision dated November,13, 2019 refusing the Applicant's Application for a permanent resident visa will be set aside.
3. The application will be redetermined by a different officer.
4. The Applicant will be provided with the opportunity to submit updated documentation in support of his application for a permanent resident visa.
5. No Costs.

3) Ideally, this should have been in your settle agreement. You are only eligible to apply for BOWP if your PR application is in progress and has crossed R10. Given that you have requested reconsideration, which means that you file was closed, so technically you do not have a application that is open.

When I called CIC they told me that if my case will be opened I would be able to apply for work permit. Actually my main problem here is to get IRCC open the application.

CIC call center agent also I might be able to apply and get it by uploading settlement letter with the application. But what are the chances though.

 

[legalfalcon]

First of all,thanks for the help.

Settlement terms are as follows:
1. The Applicant file a Notice of Discontinuance in Court.
2. The decision dated November,13, 2019 refusing the Applicant's Application for a permanent resident visa will be set aside.
3. The application will be redetermined by a different officer.
4. The Applicant will be provided with the opportunity to submit updated documentation in support of his application for a permanent resident visa.
5. No Costs.



When I called CIC they told me that if my case will be opened I would be able to apply for work permit. Actually my main problem here is to get IRCC open the application.

CIC call center agent also I might be able to apply and get it by uploading settlement letter with the application. But what are the chances though.

By virtue of the settlement the decision on your application is set aside and your application should be open. IRCC call centre agents are neither IRCC officers now lawyers.

Your settlement clearly states that "decision dated November,13, 2019 refusing the Applicant's Application for a permanent resident visa will be set aside," and "application will be redetermined by a different officer."

So you can go ahead and apply for your BOWP extension. Also, get your GCMS notes to see if there has been any progress.

Another thing you can do is contact the IRCC lawyer who dealt with you.

 

[arturakhm]

By virtue of the settlement the decision on your application is set aside and your application should be open. IRCC call centre agents are neither IRCC officers now lawyers.

Your settlement clearly states that "decision dated November,13, 2019 refusing the Applicant's Application for a permanent resident visa will be set aside," and "application will be redetermined by a different officer."

So you can go ahead and apply for your BOWP extension. Also, get your GCMS notes to see if there has been any progress.

Another thing you can do is contact the IRCC lawyer who dealt with you.

Thanks!

I constantly in contact with the lawyer however IRCC returns to her this:
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/ministerial-instructions/other-goals/mi41.html

IRCC justifies not processing my document based on this instruction. However permanent residency is not in the scope of it when I pointed it out the IRCC office stopped responding and lawyer now says that she will go back to me once they will go back to her.

 

[legalfalcon]

Thanks!

I constantly in contact with the lawyer however IRCC returns to her this:
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/ministerial-instructions/other-goals/mi41.html

IRCC justifies not processing my document based on this instruction. However permanent residency is not in the scope of it when I pointed it out the IRCC office stopped responding and lawyer now says that she will go back to me once they will go back to her.

No need to worry. Keep all the communication with you for future. Usually the IRCC lawyers hold help you get this sorted and you should have insisted this as a part of the settlement.

Nevertheless, with the COVID-19 you can file an extension for your BOWP and wait for IRCC to get back to you.

 

[Malik7@]

Hi dear you did tell about your settlement offer letter from department of justice is it accepted and re process your same previous application or u re submit new file with settlement letter kindly let me know thanks

 

[Malik7@]

Anyone can reply?

 

[Santhu7878]

Hey, How long the decision from IRCC take once they reopened the application? recently filed for judicial review and got settled. They have reopened the file and submitted the requested ADRs. Its been 3 months nothing on the profile.