Judicial review for study permit

[Naturgrl]

Also, my husband is not joining us in Canada, he has a stable job. Wouldn't that considered ties to return?

Not really because child can stay with him while you are in Canada, which is what is happening now. GCMS notes state that child is getting a good education where child is now. Assume in country of citizenship.

 

[TCS2024]

Note

My two cents is to wait for JD and do not apply again. You already have three refusals.

Noted, Thank you. I was only hoping to give another try, because of the lengthy time for the court procedures..

 

[TCS2024]

But JR doesn’t mean your child gets study permit if you “win” the settlement. It just means that another officer reviews the file again, and can still be refused.

No point in reapplying for a TRV or study permit with so many refusals. Wait for review and settlement.

Noted, Thank you!

If the court settlement is favorable, is that mean that it will impact positively in the end resubmission?

 

[TCS2024]

What do your GCMS notes say? I am not sure I would apply for a fourth time if you already have three refusals without the help of an immediate lawyer. Please make sure you are working with an actual lawyer and not a consultant. It's possible an approval will not be feasible so you will need to consider what you do in the event a visa cannot be obtained. Unfortunately it was a big error to indicate your child as non accompanying in your WP application. Good luck and hope something works out.

Below the GCMS notes and refusal letter indicated.

First time it was rejected because my consultant missed to submit the Father's concent letter. Second time for the reason that in principle, my WP submission application the consultant has tick marked I am not accompanying any family members. Third time as below:
I am not satisfied that you will leave Canada at the end of your stay as required by
paragraph R216(1)(b) of the IRPR (https://laws-lois.justice.gc.ca/eng/regulations/sor-2002-227/
section-216.html). I am refusing your application because you have not established that you will
leave Canada, based on the following factors:
• Your proposed length of stay in Canada is inconsistent with a temporary stay given the
details you have provided in your application.
• The purpose of your visit to Canada is not consistent with a temporary stay given the
details you have provided in your application

And below what is written in the GCMS notes.

I have reviewed the application. I have considered the following factors in my decision. The applicant's proposed length of stay in Canada is inconsistent with a temporary stay given the details provided in the application. Given the availability of good primary school education programs in the applicant’s home country as well as the region, at a fraction of the cost in Canada, not satisfied that the proposed study is reasonable. Weighing the factors in this application, I am not satisfied that the applicant will depart Canada at the end of the period authorized for their stay. For the reasons above, I have refused this application."

This appears to be a visa refusal letter, stating concerns about the temporary nature of the stay, availability of education in the home country, and doubts about the applicant's departure from Canada after their authorized stay

 

[TCS2024]

Not really because child can stay with him while you are in Canada, which is what is happening now. GCMS notes state that child is getting a good education where child is now. Assume in country of citizenship.

Thank you for your response.

Actually he is in Middle East, the child is safe however since my husband is a full time employee, it's difficult to give the much needed attention and ensure he's wellbeing. It's difficult for him to manage him, such as his eating habits, studies and managing screen time etc.

 

[Naturgrl]

Noted, Thank you!

If the court settlement is favorable, is that mean that it will impact positively in the end resubmission?

Not necessarily. It just means a new officer with review your child’s file.

 

[Naturgrl]

Thank you for your response.

Actually he is in Middle East, the child is safe however since my husband is a full time employee, it's difficult to give the much needed attention and ensure he's wellbeing. It's difficult for him to manage him, such as his eating habits, studies and managing screen time etc.

But aren’t you working full-time too? Why is it difficult for him to ensure his well-being? This is not a reason for child to come to Canada because the father is the parent, and now suggesting that he cannot “manage” the child. He is the father so he is responsible.

 

[Copingwithlife]

Thank you for your response.

Actually he is in Middle East, the child is safe however since my husband is a full time employee, it's difficult to give the much needed attention and ensure he's wellbeing. It's difficult for him to manage him, such as his eating habits, studies and managing screen time etc.

Then hire a caregiver in the country the child is in if the father is busy with work .

Your reason for child needing to come to Canada is nonsensical

Being an absent father is not a reason

Think the father needs to step up , not Canada
Not Canada’s responsibility for the rearing of the child

 

[Buletruck]

Thank you for your response.

Actually he is in Middle East, the child is safe however since my husband is a full time employee, it's difficult to give the much needed attention and ensure he's wellbeing. It's difficult for him to manage him, such as his eating habits, studies and managing screen time etc.

So, without trying to sound judgemental, is your actual intent to stay in Canada long term as a PR? Just an assumption, but given the number of people trying "alternate" means to gain permanent residency, and recent changes to immigration, you could assume this is IRCC limiting your options. A child in country can easily sway a judgement for a family that claims H&C or asylum. They're maintaining your incentive to return home once your WP expires.