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Judicial review settlement offer

canuck78

VIP Member
Jun 18, 2017
54,534
13,231
if application is reopen soon then i pray they dont ask for LOA because the same course intake will start in January 2023 which is way to far and there are many things to do if i get visa i need to apply for kids and then spouse, but if i get then everyone will get sooner or later. My plan is that if my applciation reopen soon and get visa then after stamping i will change the course and institute from college certificate to university MSc as i applied for MSc in york and UBC. if application reopen later like june july then no issue for new LOE to get but if i visa officer ask now new LOE then surely he will put me on hold for visa issuance because course will start in january 2023
You would have to reapply for your study permit to change programs and institutions. New rule since last summer. Sure you know that permits/visas are not guaranteed for families of international students.
 

canuck78

VIP Member
Jun 18, 2017
54,534
13,231
In my GCMS notes stated my application processed with the assistance of chinook that is why i argued in federal court might the reason of settlement. Its a tool created by few officers to process application faster
Based on your case it doesn’t seem like chinook was the issue. Being denied because you are applying to do a diploma program while you already have a masters was the primary issue. I know you explained that you want to start another career but whether that justifies coming to Canada is a valid argument.
 

lisarogers

Star Member
Oct 16, 2021
144
29
But, they should atleast look at the file and see what changes are there, compared to the old file submissions, just blindly refusing a file is total let down for students. I truly wish they give consideration, lets wish all those who are waiting some positive vibes!!!
 

Greeny786

Champion Member
Jul 12, 2021
1,352
290
Based on your case it doesn’t seem like chinook was the issue. Being denied because you are applying to do a diploma program while you already have a masters was the primary issue. I know you explained that you want to start another career but whether that justifies coming to Canada is a valid argument.
That objection regarding high to low level course was in only first application. Then he eliminated it in second and third refusal therefore purpose of visit should had been eliminated in refusal remarks
 

Greeny786

Champion Member
Jul 12, 2021
1,352
290
Based on your case it doesn’t seem like chinook was the issue. Being denied because you are applying to do a diploma program while you already have a masters was the primary issue. I know you explained that you want to start another career but whether that justifies coming to Canada is a valid argument.
If agree then what can be reason for settlement so quickly
 

canuck78

VIP Member
Jun 18, 2017
54,534
13,231
That objection regarding high to low level course was in only first application. Then he eliminated it in second and third refusal therefore purpose of visit should had been eliminated in refusal remarks
Have you received GCMS notes from each refusal. Sometimes IRCC doesn’t select all reasons offered to them just the primary one. Purpose of visit still includes coming to study just a diploma.
 

Malkeet1

Star Member
Sep 27, 2017
119
21
Application status changed from refused to submitted.

and updated documents were requested.
For documents requested they send you email or it was also show in your additional documents section in GCc account ??
My application was reopen on 19 feb 2021 just 2 days ago ..its only status change from refused to under process and background checking...
I asking this becouse if they will ask for new documents in Gcc account then i can know about it because i check my status everyday by phone call..if they will send only email then i am unable to check that email because my consultant is lazy he cant check email regularly....so please tell..
 
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Greeny786

Champion Member
Jul 12, 2021
1,352
290
Have you received GCMS notes from each refusal. Sometimes IRCC doesn’t select all reasons offered to them just the primary one. Purpose of visit still includes coming to study just a diploma.
FIRST APPLICATION
I have reviewed the application. I am not satisfied that the applicant would leave
Canada at the end of their stay as a temporary resident, I note that: - the client is
married or has dependents or states to have close family ties in their home country,
but is not sufficiently established. The study plan does not appear reasonable given
the applicant's employment and education history. I note that: -the client has
previous studies at a higher academic level than the proposed studies in Canada -the
client's proposed studies are not reasonable given their career path. After
considering the applicant's academic and professional history, their financial
situation, as well as their planned studies and explanation provided for it, I am not
satisfied that the applicant is a genuine student who will pursue studies in Canada.
The stated benefits of their intended studies do not seem to warrant the cost and
difficulty of undertaking foreign education. Taking the applicant's current
employment situation into consideration, the employment does not demonstrate that
the applicant is sufficiently well established that the applicant would leave Canada
at the end of a period of authorized stay. Based on the applicant's limited
employment prospects in their country of residence/citizenship, I have accorded less
weight to their ties to their country of residence/citizenship. 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.

2ND APPLICATION

I have reviewed the application. I am not satisfied that the applicant would leave
Canada at the end of their stay as a temporary resident, I note that: - the client is
married or has dependents or states to have close family ties in their home country,
but is not sufficiently established. The study plan does not appear reasonable given
the applicant's employment and education history. I note that: After considering the
applicant's academic and professional history, as well as their planned studies and
explanation provided for it, I am not satisfied that the applicant is a genuine student
who will pursue studies in Canada. The stated benefits of their intended studies do
not seem to warrant the cost and difficulty of undertaking foreign education. Taking
the applicant's current employment situation into consideration, the employment
does not demonstrate that the applicant is sufficiently well established that the
applicant would leave Canada at the end of a period of authorized stay. The
applicant's immigration status in their country of residence is temporary, which
reduces their ties to that country. 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. The file processed
with the assistance of CHINOOOK 3+

3RD APPLICATION same as second application
 

Greeny786

Champion Member
Jul 12, 2021
1,352
290
@aspirant256 with these GCMS notes what might be the reason of settlement offer from IRCC. I asking because its a serious thing to know that in past 10 years i found only three judicial reviews on hearing stage the JR were granted successfully from UAE. Rest eight applications where leave were granted but on hearing stage judge dismissed the cases and applicants were lost in Judicial Review. The 3 winning case data is like this

1) application submitted for Judicial Review on 21 August 2019 and Judicial Review Granted on 21 October 2021 (Total Time 2 years 2 months) WON

2) application submitted for Judicial Review on 16 July 2019 and Judicial Review Granted on 02 July 2020 (Total Time 1 year) CASE WON

3) application submitted for Judicial Review on 20 December 2017 Judicial Review Granted on 13 September 2018 (Total Time 9 months) CASE WON


Dismissed Judicial Review by Judge in Federal Court after leave were granted

1) total time 9 month REFUSED
2) total time 16 month REFUSED
3) total time 9 month REFUSED
4) total time 2 years 3 months REFUSED
5) total time 9 months REFUSED
6) REST I WILL ADD HERE in free time

this is very interesting case after WARWAN who was refused after settlement and this case is same after settlement refused but warwan got again
settlement but this lady case dismissed by judge in 2nd judicial Review Total time of decision arround 9 months REFUSED

https://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/500496/index.do?q=united+arab+emirates+study+permit

based on this sad case i should be worried as well because anything can happen
 

aspirant256

Champion Member
Oct 29, 2020
1,548
241
@aspirant256 with these GCMS notes what might be the reason of settlement offer from IRCC. I asking because its a serious thing to know that in past 10 years i found only three judicial reviews on hearing stage the JR were granted successfully from UAE. Rest eight applications where leave were granted but on hearing stage judge dismissed the cases and applicants were lost in Judicial Review. The 3 winning case data is like this

1) application submitted for Judicial Review on 21 August 2019 and Judicial Review Granted on 21 October 2021 (Total Time 2 years 2 months) WON

2) application submitted for Judicial Review on 16 July 2019 and Judicial Review Granted on 02 July 2020 (Total Time 1 year) CASE WON

3) application submitted for Judicial Review on 20 December 2017 Judicial Review Granted on 13 September 2018 (Total Time 9 months) CASE WON


Dismissed Judicial Review by Judge in Federal Court after leave were granted

1) total time 9 month REFUSED
2) total time 16 month REFUSED
3) total time 9 month REFUSED
4) total time 2 years 3 months REFUSED
5) total time 9 months REFUSED
6) REST I WILL ADD HERE in free time

this is very interesting case after WARWAN who was refused after settlement and this case is same after settlement refused but warwan got again
settlement but this lady case dismissed by judge in 2nd judicial Review Total time of decision arround 9 months REFUSED

https://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/500496/index.do?q=united+arab+emirates+study+permit

based on this sad case i should be worried as well because anything can happen
I think the only thing you need to worry about right now is to have the revised LOA of the same program you applied with earlier. You can't use any other LOA in my opinion. Once in Canada, you can change the program and DLI within 180 days and would only need to send IRCC your new LOA. This change of program/DLI is not possible while you are pursuing a JR or getting a settlement as an outcome of a JR or even when you have received a PPR.