Judicial review settlement offer
- Thread starter niloosi
- Start date
I was lucky i did not pursue for rule 9. When i prepared application for judicial review on (second visa refusal) and did bluff that i already received GCMS notes but in reality i was not received GCMS notes even on first visa refusal. Then i submitted application for leave in federal court on 7th January by stating that i already received GCMS notes. My deadline was on 4th February to submit the applicant record. This was really terrible time on me as i was daily requesting to thegcmsonline.com for help because if i dont get notes before 4th Feb then my case could face enormous delay or something serioisly problem in counrt. Finally and luckily just 3 days before the deadline on 1st Feb i received gcms notes. Interesting thing is that in these notes i found this paragraph ......... Please be advised that an Application for Leave and Judicial Review has been filed with the Federal Court of Canada on January 7 , 2022. The applicant seeks leave to commence an application to quash the decision of the responsible visa officer , dated December 16 , 2021 to refuse the applicant's Study Permit application . The applicant has NOT made a request for reasons pursuant to Rule 9 of the Federal Courts Citizenship , Immigration and Refugee Protection Rules . No action is required from the visa office at this time .......
In end it was a joyful moment when i see gcms notes on my email during midnight. On the last day of deadline line 4th February i submitted applicant record to Federal Court. 18th February (within 2 weeks) i received settlement proposal from IRCC lawyer. Now waiting for reopening of visa file
In end it was a joyful moment when i see gcms notes on my email during midnight. On the last day of deadline line 4th February i submitted applicant record to Federal Court. 18th February (within 2 weeks) i received settlement proposal from IRCC lawyer. Now waiting for reopening of visa file
That's interesting, they could have simply delayed your gcms notes to keep you from filing the application record. I think it was a mistake on your part to not seek Rule 9 notes. Some people have received their gcms notes after 60 days.
Yes it was my mistake and it was a big mistake. You know i was doing all without lawyer and thats the only mistake which i did because i wasnt wanted wait for rule 9 time period. As early planing i requested GCMS NOTEs after when i got refusal letter on 16 December. These thoughts forced me to blunder and i stated that i received notes which infact not. I thought i will definitely get notes in 30 days because it was CBSA and requested on 21 December. Notes should had been come arround 25 January. I submitted judicial review application on 7 jan and was thinking relax that cbsa will come surely before the deadline of applicant record 4th Feb but when i realised it might be late then i spent day nights to find solution what if i get notes after 4 Feb the deadline and i found solution but that was very very difficult and i tried that too but luckily next days i receivied notes. Incase if any mistake in judicial review
Solution
The remedy is an Informal Request for Interlocutory Relief; to amend the Application for Leave and Judicial Review. We need the consent of Crown/Respondent for this. If the Court grants us relief then we can refile the application indicating ‘no reasons received’ and that will automatically prompt the Court to request the reasons (Rule 9) from the tribunal. Here is a link to that process Draft 10 (fct-cf.gc.ca)
If we cannot obtain consent then we will be required to serve and file a full Motion Record with the Court requesting the amendment. Here is a link to that process Federal Court - How to file a Motion.pdf (fct-cf.gc.ca)
That blunder was misleading and could have backfired. Luckily, things worked out for you and that's all that matters. It takes courage to do what you did, filing for a JR yourself, I still can't think of filing for a JR myself.
Still i feel its a dream when i received the email from ircc lawyer for settlement proposal. I even hardly believe i did alone and got success. There is Big difference between UK and Canada Judicial Review. For Uk it was 2013 i guess and all i did through post office but for Canada its completely online but its very very complicated. I got stuck on affidavit for many days because i was not understanding where will be my signature and what is deponent. Its took one week then i found hand written canadian affidavit for judicial review which given me the concept how i can prepare my affidavit. That was the most difficult and complicated part for me in judicial review and finally i was so happy when i prepared affidavit without any mistake. I will share with u JR file once i get study visa. I will need to know what was the points in JR memorandum which forced ircc lawyer to offer me settlement proposal because in sonia case Mr mario was very expert but ircc did not offer him settlement proposal and let the JR to hearing stage for one year time and my case took only 2 weeks in JR
There will be no memorandum from the opponent in your case because they offered a settlement before they had to submit one.
Super-natural power above all!! I believe in miracles!! ofcourse your hard work too! lets all wait for that day that we will be celebrating the victory and fighting for what is right!!
Old memories. I had 4 uk visa refusals and many lawyers told me that forget UK because it's not possible for lawyers to go for judicial review for me but I don't know that how I did that and got success. The case was complicated first I went UK and did not study and only did job then I could not renew my visa and came back to Pakistan within time and later I applied four time and appeals but all refused then I did JR
hey @Greeny786 I got my settlement on 28 Jan and still waiting for the reopening of my file, do you think that I should raise a webform with IRCC because it's almost one month, but nothing from their side. Here are my timelines
ITA June 2020 Express Entry
AOR September 2020
File Refusall Nov 2021
Judicial Review filed Dec 2020
Settlement 28 January 2021
Still waiting for them to open my file
ITA June 2020 Express Entry
AOR September 2020
File Refusall Nov 2021
Judicial Review filed Dec 2020
Settlement 28 January 2021
Still waiting for them to open my file