Judicial review settlement offer
- Thread starter niloosi
- Start date
That's great news!
You should definitely accept it. I didn't think they would settle, to be honest. I assume the settlement terms are the same - that the decision is overturned and it'll be remitted to a new officer...
My heart says not accept settlement.
Reason: already fresh application submitted from Home country. So settlement means application will reopen. It does not matter because fresh application is already submitted.
Let it go to the judge i really convince on this
Listen to the brain, not the heart. It's not guaranteed the judge will quash the refusal. And if the judge does quash the refusal, the outcome is essentially th same as the settlement - the application will repoen for redetermination by a new officer.
I know you want to prove your case at the Federal Court but I would advise against continuing the JR. There's a possibility you could lose at the hearing. Keep it mind you haven't been granted leave by the Court yet. Even if you win at the hearing, you'll get the same outcome but after 3-5 months instead of right now.
Have you attended a JR as an observer (virtually, via Zoom)? I recommend you do it once to see how the real hearing is conducted and the style and quality of oral arguments made by IRCC's counsel.
As for the fresh application, they'll put it on hold for the time being - they're unlikely to take action on it as I've said previously. You can verify by ordering GCMS for the fresh app.
Judicial review decision does not matter if fresh application is in process. Suppose i accept settlement and later they refuse by new officer. So its will be time wasting.
But if this JR continues in progress like now councel for the Respondant will send arguments in next 20 days. Also surely they will update in GCMS that they offered settlement but applicant refuse to accept.
After 20 days their arguments i will have 20 days to my reply of their arguments. And then it will take 30 to 60 days till leave granted by judge. Means over all 4 month time.
Fresh application decision surely will come in 4 months . Current JR may push visa officer to grant visa if gcms notes added that i refused settlement and case is in progress
@aspirant256 whats ur opinion
I don't think any of this will push the officer to grant you a visa. Refusing a settlement would confuse the officer as it would anyone that why wouldn't you settle? accept the offer, that's the best you can do. IRCC doesn't prohibit more than one application, they say it may slow down the process.
In fouzia yaqoob case if u remember i had asked u that why ircc not offer settlement to mario belisimo as the case were so strong. U replied may b ircc offer settlement but mario didn't accept
Are you trying to do what counsel for Fauzia argued for and got in that case? That the application be sent to another visa office?
Don't forget her case was the 4th rejection and VO didn't address any of the new evidence included by her lawyers. Your case doesn't match her case, in my opinion. You should also realize that Mario Bellissimo is a very experienced lawyer. In your case you're on your own. Law isn't always about logic - your oratory and persuasive skills matter a lot, both in written arguments and oral arguments.
Her case was recorded on DARS. You can request a copy of the audio recording from the registry. You can also request a copy of the arguments filed by both parties.
Settlement wasn't common in Canadian immigration litigation before the Vavilov decision in 2019.
@DesiPikachu and @aspirant256 your votes are to accept settlement. @DesiPikachu given very strong explanation for accepting the settlement
I just want to see if I ever said that and what was the context.Yar 8 ya 10 month to go gaey hain. Ab kahan se find karu