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legalfalcon

VIP Member
Sep 21, 2015
19,047
9,915
Montréal, Quebec, Canada
Category........
FSW
Visa Office......
Ottawa
NOC Code......
4112
App. Filed.......
03-09-2015
Doc's Request.
01-10-2015
AOR Received.
03-09-2015
Med's Done....
17-08-2015
Passport Req..
05-04-2016
VISA ISSUED...
12-04-2016
LANDED..........
05-05-2016
Many thanks @legalfalcon and dankboi for your response. However, if I were to infer correctly from legalfalcon comments, is it that when an application is or was a subject of a judicial review/litigation, activities done on the application after settlement of the matter whether via about of court of court instruction will not be seen via the gcms notes? My application changed from refused to submitted on the 31st of October. By reinitiating the judicial review process are we asking the court to mandate them to swiftly conclude on the application. As the refusal decision has been set aside. Your inputs will be greatly appreciated. Please be aware that no formal hearing of the case was done at the court. My lawyer only filed his argument after which ircc lawyers did not respond but only wrote us to settle out of court. Thank you
You are correct.

When you file an application for leave for judicial review pursuant to Rule 5, the notice is sent to the Department of Justice. At this stage, DOJ can contact you and make a deal to keep the Application in abseyance. So in effect, the case was never filed or the leave granted.

You can send a demand notice to IRCC and ask them to comply with the agreement or you would reinitiate the leave application.

If you are self-represented, you may have to go over the procedure and understand how it works and if rules of res judicata apply to you or not and what you signed or agreed with IRCC, which may bar you from reinitiating a case, needing you to seek another remedy.

If you have a lawyer representing you, they should be the one advising you on this.

[My response does not constitute legal advice and neither does it give rise to any lawyer-client relationship.]
 
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PRANIT01

Champion Member
Apr 12, 2021
1,332
1,499
Yeah, you got unlucky there. If your eligibility is still not started, most probably your application will be transferred to Ottawa or some other VO.
I passed eligibility so no chance of going back I hope it won't be years I already waited more than a year.
 

seadrag0n

Champion Member
Mar 6, 2018
2,785
2,491
I passed eligibility so no chance of going back I hope it won't be years I already waited more than a year.
You should look for older posts here about how CIO processes FSW applications. Your COR is US right? Maybe your application will be moved to Montreal VO, they are processing FSW applications of US residents quickly.
 

PRANIT01

Champion Member
Apr 12, 2021
1,332
1,499
You should look for older posts here about how CIO processes FSW applications. Your COR is US right? Maybe your application will be moved to Montreal VO, they are processing FSW applications of US residents quickly.
But I am moving back to India in 3 months
 
Oct 8, 2021
19
36
Got my gcms notes today.
Looks like a copy of the old one, no diff at all ,med expired
My file is in cio . I think they are sleeping on the files.
When did you apply for Gcms? Just want to get an idea, about the turnaround.
I applied mine on 10 nov, haven’t got anything yet.