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Visitors Visa Refused- Judicial Appeal

Longroadtoimmigration

Hero Member
Sep 19, 2018
236
99
App. Filed.......
September 19th 2018
Interview........
I rebuke it ijn
LANDED..........
I shall testify
Has anyone applied for judicial review for visitor visa and restoration of status? What is the probability and how long does it take ?
Also can a visitor apply for Express Entry while applying for Judicial Review ?
Thanks
L
 

scylla

VIP Member
Jun 8, 2010
95,651
21,983
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Has anyone applied for judicial review for visitor visa and restoration of status? What is the probability and how long does it take ?
Also can a visitor apply for Express Entry while applying for Judicial Review ?
Thanks
L
Judicial Reviews for refused TRV and restoration applications are pretty rare. There really aren't any stats around success rates. The process will take several months and you'll be looking at $3-5K to hire a lawyer.

You must have valid status in Canada to apply for Express Entry. If someone is applying for restoration, then they don't have valid status in Canada and EE isn't an option. They would need to leave Canada to apply.
 

canuck78

VIP Member
Jun 18, 2017
55,291
13,428
This sounds like your sister who arrived with her 2 children and applied for H&C. Wouldn’t waste your money on a judicial review. She was correctly denied an extension. She is not a temporary visitor.
 

Longroadtoimmigration

Hero Member
Sep 19, 2018
236
99
App. Filed.......
September 19th 2018
Interview........
I rebuke it ijn
LANDED..........
I shall testify
This sounds like your sister who arrived with her 2 children and applied for H&C. Wouldn’t waste your money on a judicial review. She was correctly denied an extension. She is not a temporary visitor.
Yes you are right.
Thanks for the input.
 

Longroadtoimmigration

Hero Member
Sep 19, 2018
236
99
App. Filed.......
September 19th 2018
Interview........
I rebuke it ijn
LANDED..........
I shall testify
Judicial Reviews for refused TRV and restoration applications are pretty rare. There really aren't any stats around success rates. The process will take several months and you'll be looking at $3-5K to hire a lawyer.

You must have valid status in Canada to apply for Express Entry. If someone is applying for restoration, then they don't have valid status in Canada and EE isn't an option. They would need to leave Canada to apply.
Thanks for your input. Highly appreciated
 

Longroadtoimmigration

Hero Member
Sep 19, 2018
236
99
App. Filed.......
September 19th 2018
Interview........
I rebuke it ijn
LANDED..........
I shall testify
Judicial Reviews for refused TRV and restoration applications are pretty rare. There really aren't any stats around success rates. The process will take several months and you'll be looking at $3-5K to hire a lawyer.

You must have valid status in Canada to apply for Express Entry. If someone is applying for restoration, then they don't have valid status in Canada and EE isn't an option. They would need to leave Canada to apply.
She actually wants to use the Judicial review to buy time for her Express entry application.

This means she cant even apply for the EE since she doesnt have the status.
She thought the Judicial review will be a kind of implied status for her.
 

scylla

VIP Member
Jun 8, 2010
95,651
21,983
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
She actually wants to use the Judicial review to buy time for her Express entry application.

This means she cant even apply for the EE since she doesnt have the status.
She thought the Judicial review will be a kind of implied status for her.
Judicial review does not grant implied status. She will still be out of status while the review takes place. Express Entry is not an option in this scenario. If she has enough points to be selected through Express Entry (470+) then her best bet is to leave Canada and apply from outside of the country.
 

canuck78

VIP Member
Jun 18, 2017
55,291
13,428
How would gaining time help with EE if she is unable to work in Canada? She doesn’t qualify to apply but don’t understand the logic.
 

9990

Hero Member
Jan 10, 2017
392
144
Has anyone applied for judicial review for visitor visa and restoration of status? What is the probability and how long does it take ?
Also can a visitor apply for Express Entry while applying for Judicial Review ?
Thanks
L
Our judicial review got accepted. My father in law and my father both super visas got refused and we don't want spend 5000$ on lawyer so we found the firm who just get your documents prepared for judicial review for 1500$. They made good arguments and we received settlement offer from IRCC within 15 days.
 

Naturgrl

VIP Member
Apr 5, 2020
44,565
9,400
Our judicial review got accepted. My father in law and my father both super visas got refused and we don't want spend 5000$ on lawyer so we found the firm who just get your documents prepared for judicial review for 1500$. They made good arguments and we received settlement offer from IRCC within 15 days.
Congrats! So supervisas were approved.
 

sardarkhan

Full Member
Oct 13, 2012
37
0
Our judicial review got accepted. My father in law and my father both super visas got refused and we don't want spend 5000$ on lawyer so we found the firm who just get your documents prepared for judicial review for 1500$. They made good arguments and we received settlement offer from IRCC within 15 days.
Can you please recommend some lawyers for Judicial review for TRV refusals applications and how much fee they will take and how much time it will take.
I have already requested GCMS notes through Canadian citizen relative.
 

canuck78

VIP Member
Jun 18, 2017
55,291
13,428
Can you please recommend some lawyers for Judicial review for TRV refusals applications and how much fee they will take and how much time it will take.
I have already requested GCMS notes through Canadian citizen relative.
There seems to be significant grounds for refusal spending 5k+ should be a consideration.
 

sardarkhan

Full Member
Oct 13, 2012
37
0
I am not satisfied that you will leave Canada at the end of your stay as required by paragraph 179(b) of the IRPR (https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/section-179.html). I am refusing your application because you have not established that you will leave Canada, based on the following factors:
• You have submitted documentation that lacks authenticity as part of your application. This has diminished the overall credibility of your submission.
• The purpose of your visit to Canada is not consistent with a temporary stay given the details you have provided in your application.

I had file renewal after issued 2 TRV in my 10 years of same passport, visited 3 times in the last 10 years, July 2018( 15 days), Dec 2022 (3 days), Oct 2023 (20 days). I am eligible for SOWP through spouse and have got children born in Canada. Siblings also Canadian Citizen.
 
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