Hello everyone.. please i need your suggestions and help.. my husband applied as a refugee.. he got refusal after hearing in may 2017 .. now in January he received letter that his appeal is rejected too !!! Our lawyer is convincing us to go for JR.. but we ha e already paid our lawyer 5k.. and now we don't have money to pay for JR.. and what is procedure and chances for winning case in JR .. thank you in ad ..
Appeal rejected !!
- Thread starter Saba321
- Start date
From May until January!
More on judicial review:
https://www.canada.ca/en/immigration-refugees-citizenship/services/refugees/claim-protection-inside-canada/after-apply-next-steps/refusal-options/federal-court-review.html
There are no guarantees that you will even get a judicial review. The court needs to agree to hear the case first. They do not consider H&C, best intrests, or new evidence. They strictly review, if your case is accepted, was the decision in question correct in law. Nothing else. You have only 15 days to apply and a lawyer is required.
The judge making remarks may not be relevant. What were the reasons for refusal as a whole? The comment about travelling to the US may only be part of the reason. The decisions are usually clearly laid out with relevance and weighting applied to each factor. Simply identifying one point may not be sufficient to change a ruling.
Are you absolutely sure about this? and this is the only or main reason that your husband's case was denied, not just once but twice? If so, then by all means to find a lawyer and appeal to the Supreme Court for JR. If not, and there are any other grounds to cause the appeal dismiss at lower court, even you won the JR, the case will be sent back to the lower court to reopen your case, and your husband can still be denied on other grounds.
USA visa are not reason there.
It was stated that your problems are local and not national and you did not try to relocate within your country first and you did not try your country system of protection first properly. That is the main problem there.
Well, you know that US and Canada share immigration records, right? I mean shit does happen, the system isn't perfect, and wrong decisions do occur, but honestly, don't be so sure about that that you husband never had the US VISA. It could happen long time ago, and he forgot about it. Don't get me wrong, I am not saying you are lying or something, it just that it might happen like that.
For all approved US VISA, the US consulate and US State of Department will keep all records for 25 years, and for all denied US VISA, the US state of Department will keep all records to the 99 years old of applicant, so you know.
And Canada and US do share those records.
Hi. How long did it take to know the decision of your appeal? Yeah it costs a lit if money. Did u pay it in cash or installment? Worried about my appeal too. My claim was just rejected as well. Thanks
Hi.. how long did it take for him to receive the negative decision letter? Did you wait for the letter before you appeal? Pls help. Thank you. Cos I also got a refusal this week and waiting for the letter.