Appeal Study Permit Denial at the Federal Court in Canada with a Lawyer

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

Reasons are clearly vague so does anyone here have an idea on what happened when cases are taken to court for an appeal. Thanks

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

 

[primaprime]

It's not "necessary" to appeal a refusal in court, and you'll be paying your lawyer regardless, so take their advice with that in mind.

You can appeal on the grounds that the VO's decision did not meet the "reasonableness" standard. This means the decision must be "based on an internally coherent and rational chain of analysis and must be justified in relation to the facts."

However, "reasonableness" is a fairly low standard. The Court gives VOs a high degree of deference, so they will not reconsider the facts themselves. The Court is only concerned with whether your decision fell within a reasonable range of possible outcomes.

I recommend reading through some recent decisions to see what they look like.

Keep in mind for your case specifically, your brother's payslips are not ideal proof of funds. All funds should be in your name. And it may not be believed that a company would give you an employment contract and then hold the position open for a year while you studied abroad.

How old are you, what is your previous education, and what course did you apply for? Those can also play a role, and VOs are allowed to use them in context in making their decision.

 

[deann20210]

It's not "necessary" to appeal a refusal in court, and you'll be paying your lawyer regardless, so take their advice with that in mind.

You can appeal on the grounds that the VO's decision did not meet the "reasonableness" standard. This means the decision must be "based on an internally coherent and rational chain of analysis and must be justified in relation to the facts."

However, "reasonableness" is a fairly low standard. The Court gives VOs a high degree of deference, so they will not reconsider the facts themselves. The Court is only concerned with whether your decision fell within a reasonable range of possible outcomes.

I recommend reading through some recent decisions to see what they look like.

Keep in mind for your case specifically, your brother's payslips are not ideal proof of funds. All funds should be in your name. And it may not be believed that a company would give you an employment contract and then hold the position open for a year while you studied abroad.

How old are you, what is your previous education, and what course did you apply for? Those can also play a role, and VOs are allowed to use them in context in making their decision.

Thank you so much for the update really hepfull, presently reading through similar court cases Thank you

 

[bongoman]

Also if you win the appeal you dont get a permit your file is only sent for reconsideration by another officer.

 

[deann20210]

Also if you win the appeal you dont get a permit your file is only sent for reconsideration by another officer.

Yes sure I know this...but at least a win is one step closer so far I submit all necessary forms

 

[canuck78]

Your brother’s future income does not count. Finances can change and he needs to support his own family. What is needed is liquid savings in a personal account. Have you ordered your GCMS notes to see the actual reasons you were denied?

In a country like India where there are so many trained in IT what unless you have incredibly rare skills an employer would not offer you a job a year from now. What kind of job offer was it? Unfortunately it is very easy for people to produce a job offer just for show. Have you worked for this company before. Does it make sense to go to Canada and spend lots of money for the job you will be returning to especially because India has some very good schools.

 

[deann20210]

Kindly take a look at this link.

https://www.canlii.org/en/ca/fct/do...cm1pdCIgQU5EIHJlZnVzZWQAAAAAAQ&resultIndex=15

I noticed such denial reasons are not in line with the law... I know its risky but I took a look at several cases and in most cases applicants win if they have sufficient funds and legitimate documents...

I will be applying for the notes but most definitely the reasons in my letter should be close to original denial reasons..wich is "Lack of Funds" which clearly is not true as I have 15,000 CAD in my personal bank account and been there over 6 months shows in and out transactions + I paid for my full tuition fee for the entire course.

Your brother’s future income does not count. Finances can change and he needs to support his own family. What is needed is liquid savings in a personal account. Have you ordered your GCMS notes to see the actual reasons you were denied?

In a country like India where there are so many trained in IT what unless you have incredibly rare skills an employer would not offer you a job a year from now. What kind of job offer was it? Unfortunately it is very easy for people to produce a job offer just for show. Have you worked for this company before. Does it make sense to go to Canada and spend lots of money for the job you will be returning to especially because India has some very good schools.

even

 

[canuck78]

Kindly take a look at this link.

https://www.canlii.org/en/ca/fct/do...cm1pdCIgQU5EIHJlZnVzZWQAAAAAAQ&resultIndex=15

I noticed such denial reasons are not in line with the law... I know its risky but I took a look at several cases and in most cases applicants win if they have sufficient funds and legitimate documents...

I will be applying for the notes but most definitely the reasons in my letter should be close to original denial reasons..wich is "Lack of Funds" which clearly is not true as I have 15,000 CAD in my personal bank account and been there over 6 months shows in and out transactions + I paid for my full tuition fee for the entire course.



even

We have no idea if this woman ever got a study permit. It doesn’t actually sound like she was a genuine student. How long is your program? 15k will maybe pay for your living costs butif your program is longer than 1 year there is no other funds to pull from. It is your choice whether to spend a large amount of money with no guarantees.

 

[deann20210]

We have no idea if this woman ever got a study permit. It doesn’t actually sound like she was a genuine student. How long is your program? 15k will maybe pay for your living costs butif your program is longer than 1 year there is no other funds to pull from. It is your choice whether to spend a large amount of money with no guarantees.

Yes I understand and thanks for the concern, However my program is 1 year and tuition is fully paid and I have 15CAD for 1 yr. I am also weighing my options as spending so much Money with no guarantees is not that easy...anyway thanks for the concern highly appreciated.

 

[deann20210]

Yes I understand and thanks for the concern, However my program is 1 year and tuition is fully paid and I have 15CAD for 1 yr. I am also weighing my options as spending so much Money with no guarantees is not that easy...anyway thanks for the concern highly appreciated.

Hi I applied for notes some months back and this is the reason I received , This notes are updated June 25th I applied for another notes last week I do not know if the notes reasons will be updated or will be same with this.


I have reviewed the application: Taking the applicamnts plan of studies into account, the applicant does not appear to be suffitiently well established that the proposed studies would be a reasonable expense, Given family ties or economic motives to remain in Canada, the applicants insentives to remain in Canada may outweight their ties to home country, According to the applicants employment prospects, I have accorded les weight to their proposed employment ties to home country of residence, Weighing the facrtos in this application i not satisfied the applicant will depart Canda after studies

 

[primaprime]

So they are not satisfied with your ties to your home country and the relevance of the proposed studies in Canada to your future employment prospects there. Evidently they doubt any employer would hold a job open for you while you study in Canada.

 

[deann20210]

So they are not satisfied with your ties to your home country and the relevance of the proposed studies in Canada to your future employment prospects there. Evidently they doubt any employer would hold a job open for you while you study in Canada.

Thank you for the prompt reply...I was taking a look at the link you sent me with similar court cases....I noticed most times cases are won based on Evidence not assumption which means by the look of things I may stand a good chance judging by similar cases


Please I will like to know by any chance do you know the probability of a study permit being granted after if the case is won in court?

 

[primaprime]

Impossible to say. The subsequent visa officer can still refuse you based on their own judgment.

 

[deann20210]

Impossible to say. The subsequent visa officer can still refuse you based on their own judgment.

Okay thanks from your own point of view what do you suggest is the most feasible option for me....I am really short on ideas...reapplying and writing another SOP seems far fetched because defending in words without fact or ground may not seem reasonable.

My Lawyer recommends taking this case for settlement..which I may stand a change based on Evidence and not assumption thats judging by similar cases...but this brings one back to the same point where the Officer still has to make final decision...