Applicant from PhD program after 5 Nov, 2011 connect here to get status

[Dani1982]

That is indeed exciting! Congratulations!

Thank you!

 

[Dani1982]

Wow! I think that you are the first one who appealed to the federal court in the PhD stream, congratulations!
Waiting to hear the details

I am not actually the first one, someone before me did this and it went through successfully, All I did was to prepare the application in the Federal court and cite that case. In my case, before the final stage, I got a settlement offer from the Justice department in the Immigration to discontinue my application in exchange of reviewing my application by another officer!!

 

[Dani1982]

Congratulations! A really good news, which makes our suspicion of the validity of updated reference letters released!

CIC should pay you the legal expenses of your appeal, did they?

Thank you, I only paid 50$ for an application in Federal court.I did not have any lawyer, I decided to do all the procedure by myself, so that 50$ was all I paid, and they did not pay anything back!

 

[Dani1982]

VERRRRY BIG CONGRATS !

U r the first to do it in this stream as far as I know

Thank you, but I am not the first one the PhD stream, someone did it before me!

 

[ASG]

Thank you, but I am not the first one the PhD stream, someone did it before me!

AMAZING!!!!!!!!!!! Can you tell us details about how you prepared the application? I thought of going to court as well, but the process seemed so heavy (and fact is I had chosen the wrong NOC code so my chances were low) that I dropped the idea.
It would be great if you could tell us how long it took you to get this ready, what kind of documents you provided, etc etc...And how easy (or not) it was to be in court and explain your case.

 

[canadian-13]

Thank you, but I am not the first one the PhD stream, someone did it before me!

A very big congratulations to you.

 

[Parkinson]

I am not actually the first one, someone before me did this and it went through successfully, All I did was to prepare the application in the Federal court and cite that case. In my case, before the final stage, I got a settlement offer from the Justice department in the Immigration to discontinue my application in exchange of reviewing my application by another officer!!

Wonderful!!!!! big Congratulations!
So, what happened next? did you accept the settlement offer and your application was reviewed by another officer?

 

[arian_arian]

After fighting back against the unfair decision in the Federal court for about 7 months, Finally I got my medical today!

THAT IS ABSOLUTELY AMAZING!!!

Congratulations!

Can you please let us know what was the exact reason for your rejection?

I have recently been rejected due to "lead statement" in the ref letter and I'm thinking of appealing.

 

[N_O]

I am not actually the first one, someone before me did this and it went through successfully, All I did was to prepare the application in the Federal court and cite that case. In my case, before the final stage, I got a settlement offer from the Justice department in the Immigration to discontinue my application in exchange of reviewing my application by another officer!!

You deserve it Dani! I still remember that your updated reference letter had the leading statement explicitly, but they refused your application for not matching the duties in the leading statement. I think you send them an email to ask whether the considered your updated letter or not, what was their response?

BTW: Who was the first one to appeal?

 

[mike5182]

Hi Dani, congratulations! you are amazing by appealing and doing it by yourself!

Hi N_O, I think it is also time to change the spreadsheet of Dani.

You deserve it Dani! I still remember that your updated reference letter had the leading statement explicitly, but they refused your application for not matching the duties in the leading statement. I think you send them an email to ask whether the considered your updated letter or not, what was their response?

BTW: Who was the first one to appeal?

 

[N_O]

Hi Dani, congratulations! you are amazing by appealing and doing it by yourself!

Hi N_O, I think it is also time to change the spreadsheet of Dani.

I did! Dani has 2 rejected applications, he appealed for the second.

 

[Galiano Island]

We showed well above the minimum amount....but they still asked...i guess it just depends on their mood while seeing your application...;-P

with regards to updating...i had updated my POF 8 months after applying but they still asked for it again before sending me medical request...so whether you update it before or not...they can still ask for it...

Good to know. Thanks

 

[chakri264]

Thank you, but I am not the first one the PhD stream, someone did it before me!

Congratulations dani. You did it. Very relieving news.

 

[Dani1982]

Thank you guys!

Here is my story, after my rejection I tried several times to contact CPC-Ottawa to review my case, I tried to convince them that my research assistant work experience letter clearly stated the lead statement as well as the related duties, but I never got any response. Then I tried the MP and asked him to send a letter to Ottawa and ask for a clarification on my application. In response, FA01772 came up with the same reasoning as the refusal email. In February, I suddenly ran into a case in the Federal court with the similar refusal reason ( listed duties that do not match the actions of the lead statement for research assistant work experience ), then I decided to pursue my case in the Federal court. During the preparation, I talked to 2 lawyers and both of them told me that I can not do anything in the court and it is better to reapply. They also said that even if I can quash the officer's decision, there is no guarantee that they granted me the PR visa, they can easily reject me again for another valid reason. But I decided to do this anyway and file a leave and Judicial review application in the Federal court. There are several steps involved in filing a judicial review application in the Federal court, one stage before the hearing, the justice department at the Immigration office decided to settle a deal with me outside the court. The problem with my application was the delay, if you want to file a judicial review application in the federal court, you have to do it within 2 weeks of the refusal decision. Otherwise, you have to file the application with extension of time and justify why you are late(which is really hard)

Generally this is a time consuming procedure if you want to do it by you own. If you decide to hire a lawyer, you have to spend 5000-10000$. You have to be very careful and only if you are 100% sure that the officer erred in law and make a wrong decision, you can think about the federal court. The best way to be sure is to find a similar case. Canadian legal system is common law, it means that the judges's decision are treated like a written law, so you can cite them in your case. All of the previous cases in the Federal Court are either on-line or you can order them at the Federal court's registry office in your town. Here are some useful links in case you need:

http://decisions.fct-cf.gc.ca/fc-cf/en/d/s/index.do?col=54
http://cas-ncr-nter03.cas-satj.gc.ca/portal/page/portal/fc_cf_en/ApplicationIMM
http://cas-ncr-nter03.cas-satj.gc.ca/portal/page/portal/fc_cf_en/Rules#guides
http://cas-ncr-nter03.cas-satj.gc.ca/portal/page/portal/fc_cf_en/Practice_Guide_Immigration

you can search some keywords in the previous decisions to find the similar cases. The whole process will take about 10-12 months and at the best, you can only quashed the officer's decision and return your application back to the visa office to review by another visa officer.

 

[Dani1982]

AMAZING!!!!!!!!!!! Can you tell us details about how you prepared the application? I thought of going to court as well, but the process seemed so heavy (and fact is I had chosen the wrong NOC code so my chances were low) that I dropped the idea.
It would be great if you could tell us how long it took you to get this ready, what kind of documents you provided, etc etc...And how easy (or not) it was to be in court and explain your case.

I am not sure about having a wrong NOC code!! but usually if "you" make a mistake, your chances in the Federal court is low. you can also search through the links that I provided for similar cases