Appeal rejection with Lawyer at the Canadian Court

[deann20210]

Hi I will like to know if anyone has an idea if its necessary to appeal a rejection at the Canadian court, My Lawyer advices me we should take my case to court since they fulfilled every reason of denial but got flimsy reasons

Denial reason
don't have enough funds for upkeeps without working
My bank balance 15,000CAD my account + brother payslip $8000 montly salary
don't have enough funds for school fees
Fees fully paid 1yr course
no family ties
have son, finance ,family, business , job in home country
no possibilities of employment in home country
employment contract in home country

personal travel history, Studied in Europe been to the UK and Europe several times and valid EU and UK visas so I personally don't see any reason the Lawyer says most likely the VO did not even look at my application

 

[scylla]

Hi I will like to know if anyone has an idea if its necessary to appeal a rejection at the Canadian court, My Lawyer advices me we should take my case to court since they fulfilled every reason of denial but got flimsy reasons

Denial reason
don't have enough funds for upkeeps without working
My bank balance 15,000CAD my account + brother payslip $8000 montly salary
don't have enough funds for school fees
Fees fully paid 1yr course
no family ties
have son, finance ,family, business , job in home country
no possibilities of employment in home country
employment contract in home country

personal travel history, Studied in Europe been to the UK and Europe several times and valid EU and UK visas so I personally don't see any reason the Lawyer says most likely the VO did not even look at my application

You should reapply and strengthen your application. I would not recommend an appeal. This is a long process with no guarantee of approval and will cost you a great deal more money then reapplying.

For proof of funds, you should aim to show your own savings rather than your brother's. Do you have any savings other than the 15,000? How many years is your program? Just the one year or longer? Is your spouse working? Can you show income from your spouse? Is the business yours? Can you show income from the business?

For ties, what evidence did you include with the application? Do you own property? Did you show evidence of this? I'm also assuming your son and spouse are not accompanying you to Canada.

What were you planning on studying in Canada and what previous education have you completed? What is your profession?

 

[lysagrey93]

Hey there I just joined. You can apply for an appeal for sure the reasons do seem kind of flimsy I have to agree with your lawyer over there. I do have to caution you though that going to court is a little bit more nerve-wracking then what you can imagine. I recently finished a financial lawsuit as well and it was really long and really tiresome for me mentally. I had some financial issues with my previous employer and we went to court ad honestly it has been kind of scary. I was lucky enough to find a really good lawyer from this up and coming lawyer company that were willing to take my case on because not all lawyers want to take on a fairly big corporation. I didn't really want to settle so we went to trial. I m still in the middle of it but it seems like it will go in my favor. I would advise that if you are sure about your legal counsel and you trust them 100% you can apply for an appeal. Yours seems like a straightforward case anyway, I wish you luck

 

[deann20210]

Hey there I just joined. You can apply for an appeal for sure the reasons do seem kind of flimsy I have to agree with your lawyer over there. I do have to caution you though that going to court is a little bit more nerve-wracking then what you can imagine. I recently finished a financial lawsuit as well and it was really long and really tiresome for me mentally. I had some financial issues with my previous employer and we went to court ad honestly it has been kind of scary. I was lucky enough to find a really good lawyer from this up and coming lawyer company that were willing to take my case on because not all lawyers want to take on a fairly big corporation. I didn't really want to settle so we went to trial. I m still in the middle of it but it seems like it will go in my favor. I would advise that if you are sure about your legal counsel and you trust them 100% you can apply for an appeal. Yours seems like a straightforward case anyway, I wish you luck

Thank you for the advice, I understand what you trying to say, However. I spoke with two different Lawyers and they advised a Judicial Review will be a success because by law I fulfil all requirements and my case is also straight forward...

 

[deann20210]

You should reapply and strengthen your application. I would not recommend an appeal. This is a long process with no guarantee of approval and will cost you a great deal more money then reapplying.

For proof of funds, you should aim to show your own savings rather than your brother's. Do you have any savings other than the 15,000? How many years is your program? Just the one year or longer? Is your spouse working? Can you show income from your spouse? Is the business yours? Can you show income from the business?

For ties, what evidence did you include with the application? Do you own property? Did you show evidence of this? I'm also assuming your son and spouse are not accompanying you to Canada.

What were you planning on studying in Canada and what previous education have you completed? What is your profession?

Hi thanks for the advice I do understand your concern However my spouse has a permanent job contract with a reputable company, my Job offer is also from a reputable company, my company has been existing for over 10years, I studied in Europe and lived there 3 1/2 of my life Iv been to the UK and have several valid UK visas I also studies in S/E Asia for my Bsc for several years and I have never defiled any immigration laws. My fees are also fully paid and my personal account has 15,000+ with regular flow of income..
I am traveling alone my spouse can not leave her Job and I have letters to this effect.

My lawyer says the VO passed Judgement without looking at my file..If my file is properly looked at I do not thing any of this excuses will come up because I included sufficient documents to back my claim and my lawyer also backed up claim with sections of the law... anyway lets see what happens life is all about Risk...

 

[bongoman]

There is really no benefit of appealing the decision that is the issue, its not about being right or wrong, appeals might make sense if you were banned but not a simple rejection.
Wining the appeal doesn't give you a permit so its much easier and cheaper to apply again.

 

[captainarabiia]

Hi I will like to know if anyone has an idea if its necessary to appeal a rejection at the Canadian court, My Lawyer advices me we should take my case to court since they fulfilled every reason of denial but got flimsy reasons

Denial reason
don't have enough funds for upkeeps without working
My bank balance 15,000CAD my account + brother payslip $8000 montly salary
don't have enough funds for school fees
Fees fully paid 1yr course
no family ties
have son, finance ,family, business , job in home country
no possibilities of employment in home country
employment contract in home country

personal travel history, Studied in Europe been to the UK and Europe several times and valid EU and UK visas so I personally don't see any reason the Lawyer says most likely the VO did not even look at my application

Are those from your GCMS notes?
Did you apply GCMS notes ?

 

[EmeLa]

You should reapply and strengthen your application. I would not recommend an appeal. This is a long process with no guarantee of approval and will cost you a great deal more money then reapplying.

For proof of funds, you should aim to show your own savings rather than your brother's. Do you have any savings other than the 15,000? How many years is your program? Just the one year or longer? Is your spouse working? Can you show income from your spouse? Is the business yours? Can you show income from the business?

For ties, what evidence did you include with the application? Do you own property? Did you show evidence of this? I'm also assuming your son and spouse are not accompanying you to Canada.

What were you planning on studying in Canada and what previous education have you completed? What is your profession?

 

[EmeLa]

I would advice you don’t appeal. I went to court April 2018 and I didn’t get done till June 2019. The judge ruled in my favour and asked I submit new application. I paid my full tuition since January 2018 and left it in the school account. After submitting a new application as requested by the judge, the immigration officer still denied me based on same reason the judge rule against. I wasted money, time, and was so traumatic for me. I spent too much hiring a lawyer. I’m not surprised your lawyer wants you to appeal that’s his job.

 

[trendyx]

I would advice you don’t appeal. I went to court April 2018 and I didn’t get done till June 2019. The judge ruled in my favour and asked I submit new application. I paid my full tuition since January 2018 and left it in the school account. After submitting a new application as requested by the judge, the immigration officer still denied me based on same reason the judge rule against. I wasted money, time, and was so traumatic for me. I spent too much hiring a lawyer. I’m not surprised your lawyer wants you to appeal that’s his job.

Pls which visa office denied you again after JR settlement?

 

[Karen Cassidy]

Ask a professional about it. I think that would be best.

 

[trendyx]

I would advice you don’t appeal. I went to court April 2018 and I didn’t get done till June 2019. The judge ruled in my favour and asked I submit new application. I paid my full tuition since January 2018 and left it in the school account. After submitting a new application as requested by the judge, the immigration officer still denied me based on same reason the judge rule against. I wasted money, time, and was so traumatic for me. I spent too much hiring a lawyer. I’m not surprised your lawyer wants you to appeal that’s his job.

Which visa office was this please?

 

[MichaelBahena]

Hi I will like to know if anyone has an idea if its necessary to appeal a rejection at the Canadian court, My Lawyer advices me we should take my case to court since they fulfilled every reason of denial but got flimsy reasons

Denial reason
don't have enough funds for upkeeps without working
My bank balance 15,000CAD my account + brother payslip $8000 montly salary
don't have enough funds for school fees
Fees fully paid 1yr course
no family ties
have son, finance ,family, business , job in home country
no possibilities of employment in home country
employment contract in home country

personal travel history, Studied in Europe been to the UK and Europe several times and valid EU and UK visas so I personally don't see any reason the Lawyer says most likely the VO did not even look at my application

It's difficult to say for sure whether you should appeal the rejection of your application without more information, but based on the reasons provided for denial, it sounds like your lawyer's advice to appeal the decision may be reasonable. It appears that some of the reasons for denial don't hold up given the information you have provided, such as the fully paid school fees and your personal travel history, which suggests you have ties to your home country and the ability to support yourself financially.

That being said, immigration decisions can be complex and there may be additional factors at play that are not included in the reasons provided. If your lawyer feels that there are sufficient grounds to appeal the decision, it may be worth considering, especially if you have strong ties to Canada and feel that the rejection was unjustified.

Ultimately, the decision of whether to appeal is a personal one and should be based on a careful evaluation of the facts and circumstances of your case, as well as the potential outcomes and costs of an appeal. If you have concerns about the decision, it may be helpful to discuss your options with your lawyer in more detail and obtain a second opinion if necessary.

 

[Naturgrl]

It's difficult to say for sure whether you should appeal the rejection of your application without more information, but based on the reasons provided for denial, it sounds like your lawyer's advice to appeal the decision may be reasonable. It appears that some of the reasons for denial don't hold up given the information you have provided, such as the fully paid school fees and your personal travel history, which suggests you have ties to your home country and the ability to support yourself financially.

That being said, immigration decisions can be complex and there may be additional factors at play that are not included in the reasons provided. If your lawyer feels that there are sufficient grounds to appeal the decision, it may be worth considering, especially if you have strong ties to Canada and feel that the rejection was unjustified.

Ultimately, the decision of whether to appeal is a personal one and should be based on a careful evaluation of the facts and circumstances of your case, as well as the potential outcomes and costs of an appeal. If you have concerns about the decision, it may be helpful to discuss your options with your lawyer in more detail and obtain a second opinion if necessary.

Your responding to a 3 year old post.

 

[MichaelBahena]

Your responding to a 3 year old post.

I am really sorry, I didn't see that.