Judicial review settlement offer

[itsmsingh]

Dear All,

My student visa has beed rejected 3 times. Below is my profile:

Age- 39
Intended course of study- MBA in Project management (relevet to my professional experience)
Financial Fund- Sufficient fund, no issue there
SOP- I explained, my past education, current profession, choice of study and reasons, how it will benefit me, ties to my home country.

I am currently staying in Qatar (Indian Citizen), and have applied via NON-SDS stream.

I have a feeling that my SOPs are not being reviewed and being rejected basis my age and location where I am applying from. I am planning to go for Judicial review. Pls let me know if any of you faced similer situation applying from Qatar/ Middle east and filled for JR, what was to outcome and if there is any downside of going for JR, IRCC flag you or something. Pls help.

 

[itsmsingh]

I had strong profile thatsy i tried 3 time. Visa officer said in first application that previously i studied higher level and now chosing lower level. I explained with evidence in second application so in gcms notes that objection was eliminated about high to lower but still he saying i am not genuine student and study plan etc.

Rest all theree coments related to UAE because i live and work here, good salry but he saying i am temporary resident, limited employment which is wrong and current employment situation even i working in same company past 6 years with 2400 CAD$ monthly salary.

I will fight till i win, previously i won for UK and got settlement after 2 refusals. I had scholarship from italy where i studied master.

Technically there is no issue with my profile and sop. So lets see.

Also applied for MSc in related field but u know its not easy to get admission in UBC and york University bcoz very competitive.

Let them refuse again and again, i working on plan B for UK but will play with Canadians in JR even on third refusal. Current JR on second refusal and i still have time till 22 March to open JR on third refusal

Dear Greeny786, I am facing similar challange, Three times visa got rejected, mostlikly because, I am applying from Qatar, working here, good salary and all. I need some guidance, as to what to do next. Applying 4th time does not make any sense to me. Can you share your email where I can connect with you.

 

[Greeny786]

Dear Greeny786, I am facing similar challange, Three times visa got rejected, mostlikly because, I am applying from Qatar, working here, good salary and all. I need some guidance, as to what to do next. Applying 4th time does not make any sense to me. Can you share your email where I can connect with you.

Inbox

 

[United Nations]

Hello,

I've been frequenting this thread for a while; I settled my own Case recently. Nevertheless, I needed some insights on what to expect of its outcome: for background, my visa application got reopened within a week, and—only a day afterward—I received a 30-day generic request letter for "any additional or updated documentation."

From what I've seen, the Case getting reopened so quickly (within a week, as opposed to months) should itself be a positive sign; however, if I'm not overthinking it, request letters are typically sent either when additional documents are actually needed, or when re-refusal is again being considered—in which case, the law requires them to give an opportunity to the applicant to provide further documents but, if it's the former case, then why wouldn't they issue a request for a specific item (e.g., a renewed Letter of Admission or Proof of Funds)? On the other hand, if their intention is to once again reject me, then why would they give me 30 days to respond to their letter, while the default (and minimum) time could be 10 days?

The country in question is in the Middle East, although my visa application appears to be getting processed at the Case Processing Centre—Ottawa (CPC-O) somehow.

I would appreciate it if someone could shed some light on this matter based on their experience. Thanks.

For posterity, I, after two court cases and nearly an entire year of waiting, was finally able to get the Visa affixed to my passport:

For some reason, my application took more than five months since the settlement's date in order to become finalized (and, thankfully, approved); I had to file yet another
lawsuit—this time as a mandamus against their massive delays and lack of communication. Shortly after filing the Mandamus and getting in contact with IRCC's previous counsel, who had settled the original certiorari lawsuit with me, to let them know of their client's settlement fulfilment (i.e., lack thereof), I received a positive decision in a matter of hours. However, it still did take almost a month for me to get the passport request letter ("PPR") from them, and my passport stayed inside the Embassy for a few weeks afterward, but all's well that ends well.

My advice—if you have any ongoing court cases—is to accept IRCC's settlements whenever possible; not only does settling entitle you to the same rights/privileges as does "winning" the case (without even the delays that are associated with the latter), but having to discontinue your case after settlement also does not prohibit you from being able to file mandamus lawsuits or to reopen the original case.

 

[Impatient Dankaroo]

Whw

For posterity, I, after two court cases and nearly an entire year of waiting, was finally able to get the Visa affixed to my passport:

For some reason, my application took more than five months since the settlement's date in order to become finalized (and, thankfully, approved); I had to file yet another
lawsuit—this time as a mandamus against their massive delays and lack of communication. Shortly after filing the Mandamus and getting in contact with IRCC's previous counsel, who had settled the original certiorari lawsuit with me, to let them know of their client's settlement fulfilment (i.e., lack thereof), I received a positive decision in a matter of hours. However, it still did take almost a month for me to get the passport request letter ("PPR") from them, and my passport stayed inside the Embassy for a few weeks afterward, but all's well that ends well.

My advice—if you have any ongoing court cases—is to accept IRCC's settlements whenever possible; not only does settling entitle you to the same rights/privileges as does "winning" the case (without even the delays that are associated with the latter), but having to discontinue your case after settlement also does not prohibit you from being able to file mandamus lawsuits or to reopen the original case.

What country are you from

 

[Greeny786]

d

For posterity, I, after two court cases and nearly an entire year of waiting, was finally able to get the Visa affixed to my passport:

For some reason, my application took more than five months since the settlement's date in order to become finalized (and, thankfully, approved); I had to file yet another
lawsuit—this time as a mandamus against their massive delays and lack of communication. Shortly after filing the Mandamus and getting in contact with IRCC's previous counsel, who had settled the original certiorari lawsuit with me, to let them know of their client's settlement fulfilment (i.e., lack thereof), I received a positive decision in a matter of hours. However, it still did take almost a month for me to get the passport request letter ("PPR") from them, and my passport stayed inside the Embassy for a few weeks afterward, but all's well that ends well.

My advice—if you have any ongoing court cases—is to accept IRCC's settlements whenever possible; not only does settling entitle you to the same rights/privileges as does "winning" the case (without even the delays that are associated with the latter), but having to discontinue your case after settlement also does not prohibit you from being able to file mandamus lawsuits or to reopen the original case.

many congratulations , check inbox please

 

[United Nations]

Whw
What country are you from

Due to anonymity in this thread, I will be answering this question indirectly by saying that being a national of that country, and living outside of it, was quite literally one of the GCMS reasons—or, as I had argued in the Court, discriminations—on why my study permit was initially rejected; the Country in question was one of the worst in respect to any international emigration plan. Also, the local Embassy's visa office transferred my case to an inland-located IRCC processing center.

 

[United Nations]

d

many congratulations , check inbox please

Thank you.

Regarding the Inbox, if you meant the conversations in the envelope icon located at the top-right corner, it has been appearing empty for me.

 

[Greeny786]

How much the cost for judicial review

 

[United Nations]

How much the cost for judicial review

I only paid the $50.00 (CAD) fees for both applications; the vast majority of the expenses had occurred due to the costs of notarizing documents and affidavits.

They did, however, take up a lengthy amount of time and efforts.

 

[United Nations]

I only paid the $50.00 (CAD) fees for both applications; the vast majority of the expenses had occurred due to the costs of notarizing documents and affidavits.

They did, however, take up a lengthy amount of time and efforts.

If anybody want to go with the lawyer route, it might cost them about $4000-$5000 (CAD) on average; on the other hand, if they wish to do it themselves, it will require a huge investment of time and efforts as to learn the procedures and follow-up with the Court and IRCC's counsels.

For the latter, I recommend to visit the Federal Court's website, search for court cases involving the same/similar criteria as yours (e.g., location of the embassy that rejected you, type of your visa application, date, etc.), request the copies—since court cases' submissions are freely accessible, by default—from the Registry, and read through them to modify and build up a lawsuit based on your own visa application's facts and issues.

There are some YouTube videos from various law firms that give you a general outline of the steps, but they do not go in-depth; everything else will have to be your own research on the Federal Court's website.

As always, remember that in order to have a successful lawsuit, your original visa application would have to be flawless, meaning that the only mistake/deficiency was done on the visa officer's part.

Here are some links to get you started:

• Federal Court - Practice Guides - How to file an Application for Leave and for Judicial review (Immigration) (fct-cf.gc.ca)
• Federal Court - Procedural Charts - Application for Judicial Review (fct-cf.gc.ca)
• Federal Court - Court Files (fct-cf.gc.ca)
• Consolidated Regulations (justice.gc.ca)
• Judicial Review at the Federal Court (holthelaw.com)
  Canada visa REFUSAL – Judicial review Canada Immigration – How to appeal - YouTube

Also, even if you end up winning the case, IRCC can still re-reject you (justified or unjustified) without facing any repercussion at all; so, you would still be at the mercy of the next visa officer, and there is truly no guarantee that your settled case will become approved.

I wish everyone the best of luck.

 

[mario_santiago_77]

Hi everyone

Can someone please guide me about how to go for a judicial review as a self representative? As Canadian lawyers charges alot. I am looking for some affordable way and want to go for a Judicial review. Please advise me and guide me about the procedure. Any affordable lawyer suggestion?

Our visa were approved and rejected and gotten a PFL that indicates my academic trasncript is non bonadife (this is crazy).

replied back at the pfl but after 2 mos the application is refused w/ 5 yrs ban.

this is unaacceptable as I graduated from a reputable school in Singapore and if they really did a verification they can immediately check on my school.

planning to take JD.

Thanks

 

[mario_santiago_77]

Hi everyone

Can someone please guide me about how to go for a judicial review as a self representative? As Canadian lawyers charges alot. I am looking for some affordable way and want to go for a Judicial review. Please advise me and guide me about the procedure. Any affordable lawyer suggestion?

Our visa were approved and rejected and gotten a PFL that indicates my academic trasncript is non bonadife (this is crazy).

replied back at the pfl but after 2 mos the application is refused w/ 5 yrs ban.

this is unaacceptable as I graduated from a reputable school in Singapore and if they really did a verification they can immediately check on my school.

planning to take JR

Thanks

 

[Kaibigan]

Hi everyone

Can someone please guide me about how to go for a judicial review as a self representative? As Canadian lawyers charges alot. I am looking for some affordable way and want to go for a Judicial review. Please advise me and guide me about the procedure. Any affordable lawyer suggestion?

Our visa were approved and rejected and gotten a PFL that indicates my academic trasncript is non bonadife (this is crazy).

replied back at the pfl but after 2 mos the application is refused w/ 5 yrs ban.

this is unaacceptable as I graduated from a reputable school in Singapore and if they really did a verification they can immediately check on my school.

planning to take JD.

Thanks

Hi everyone

Can someone please guide me about how to go for a judicial review as a self representative? As Canadian lawyers charges alot. I am looking for some affordable way and want to go for a Judicial review. Please advise me and guide me about the procedure. Any affordable lawyer suggestion?
...

Did you not read @United Nations' post immediately above yours? A very good primer on how to go about JR. I doubt anyone here will step up and essentially run your JR for you.

Also, UN suggested legal fees in the range of $4-5k. That sounds like a bargain to me. What would you consider to be an "affordable lawyer"?

 

[mario_santiago_77]

Did you not read @United Nations' post immediately above yours? A very good primer on how to go about JR. I doubt anyone here will step up and essentially run your JR for you.

Also, UN suggested legal fees in the range of $4-5k. That sounds like a bargain to me. What would you consider to be an "affordable lawyer"?

@everyone, thank u for all those that have message me directly and guide me through the JR process. Same for all those that have given me a referral. Appreciate ur help. Appreciate the assistance.. thank u