case rejected need help for judicial review appeal( JRA).

[thebrave]

hello every

My brother have to appeal withing 60 day after recived rejection latter on 15th jun 2009. He need the sample format judicial review appeal(JRA). he ask my uncle to send the documents as it needed.

on my previous post some of member of this forum "rely" sugest me to ask my uncle to send these documents and send to appeal latter to canadian embassy islamabad.

sr please help me



previous post
case rejected
on: June 30, 2009, 12:24:30 am



Hi every

my brother submitted the case april 2004. last week he recieved a latter with having following words.
“you did not provide the conclusive proof of relationship to your stated relative in Canada; therefore no point was for adoptability/close relative in Canada”

my brother sended all document of proof of uncle living in canada (relation in canada).
some help him what should he do now.

Thanks




All Acadimic Documents
Experience documents
Ielts result
spouse academic documents
and for relative in canada my uncle send a letter mentioned my father n my uncle is real brother. and passport of my uncle showing his father name.
my brother sends my fathers passpost that mention my grand father name.

with these document i m not understand why they rejected.

sr. please sugest ....



You had not provided documents which shows that your uncle is still residing in Canada eg:
his latest tax certificates,bank statements ,employment certificate , salary slips, utility bills or similar relevant documents which confirms that he had been residing in Canada.

 

[S.K]

You will lodge an appeal to Immigration and Appeal Division in Ottawa, if your FSW case is rejected. So send all documents to IAD rather CHC

 

[thebrave]

thank for ur reply
how can i lodge an appeal to Immigration and Appeal Division in Ottawa. can u privide me any reference or link. and what step
is there any format of appeal latter or just mention abt rejection matter on plain paper with case no

thanks n waiting reply

 

[S.K]

Where u from?

 

[thebrave]

from pakistan

 

[PMM]

Hi

You will lodge an appeal to Immigration and Appeal Division in Ottawa, if your FSW case is rejected. So send all documents to IAD rather CHC

There is no appeal to IAD for FSW applications, there is only leave to appeal to the Federal Court of Canada.

PMM

 

[mrx]

RR / Appeal / JR - FSW

Hello Everyone,

I was reviewing forum and came across following details regarding refused FSW apps, just need few confirmations & recommendations:

1. There are no appeal rights
2. Can either Request Reconsideration(RR) or Apply for leave to Appeal to the Federal Court of Canada
3. Deadline to proceed with step 2 is 30 days from the issuance of letter

Query: How to request for reconsideration, as no VO was ever assigned and E-cas never replies?

Facts:
Applied for FSW: Nov, 2009 to Nova Scotia from Pakistan
File Transferred to London UK: July, 2010
Got refusal: 24 Feb, 2012

Reason: Got 65 points, CHC didn't acknowledged adaptability points of my elder brother's PR & gave me zero points for that: Documents provided PR Card copy, landing paper copy. Interesting enough CIC did gave my brother my CAIPS notes in Dec, 2011. It appears that they did recognize that in one department but rejected in the other.


Any suggestions regarding recommended next steps?

 

[sho78]

Re: RR / Appeal / JR - FSW

Hello Everyone,

I was reviewing forum and came across following details regarding refused FSW apps, just need few confirmations & recommendations:

1. There are no appeal rights
2. Can either Request Reconsideration(RR) or Apply for leave to Appeal to the Federal Court of Canada
3. Deadline to proceed with step 2 is 30 days from the issuance of letter

Query: How to request for reconsideration, as no VO was ever assigned and E-cas never replies?

Facts:
Applied for FSW: Nov, 2009 to Nova Scotia from Pakistan
File Transferred to London UK: July, 2010
Got refusal: 24 Feb, 2012

Reason: Got 65 points, CHC didn't acknowledged adaptability points of my elder brother's PR & gave me zero points for that: Documents provided PR Card copy, landing paper copy. Interesting enough CIC did gave my brother my CAIPS notes in Dec, 2011. It appears that they did recognize that in one department but rejected in the other.


Any suggestions regarding recommended next steps?

There are three thing to claim for adabtibility

1. Person must be having some residential status (PR or Passport)
2. Proof that he is related to you.
3. He is currently residing in Canada.

if you meet all above requirements you should be getting points.

 

[scylla]

Re: RR / Appeal / JR - FSW

Reason: Got 65 points, CHC didn't acknowledged adaptability points of my elder brother's PR & gave me zero points for that: Documents provided PR Card copy, landing paper copy. Interesting enough CIC did gave my brother my CAIPS notes in Dec, 2011. It appears that they did recognize that in one department but rejected in the other.

You did not receive adaptability points because you failed to provide the right documentation. You needed to include documentation that proved your relationship to your brother and also proof that he is currently residing in Canada (taxes, hydro bills, credit card bills, telephone bills, etc.).

 

[mrx]

I wasn't aware of submitting tax docs, hydro bills, credit card bills, telephone bills did submitted other details. Anyways thank you for the quick feedback guys, what are my options now? Should I gather the docs(tax docs, hydro bills, credit card bills, telephone bills) & reapply / ask for reconsideration / go for JR? Like what is the next process & how to proceed to it. What should I opt for now?

 

[SenoritaBella]

In addition to those documents, include both yours and your brother's birth certificate which should have your parents' names on them. Without it, the vo has no way of knowing you are siblings.

I wasn't aware of submitting tax docs, hydro bills, credit card bills, telephone bills did submitted other details. Anyways thank you for the quick feedback guys, what are my options now? Should I gather the docs(tax docs, hydro bills, credit card bills, telephone bills) & reapply / ask for reconsideration / go for JR? Like what is the next process & how to proceed to it. What should I opt for now?

 

[computergeek]

Re: RR / Appeal / JR - FSW

I was reviewing forum and came across following details regarding refused FSW apps, just need few confirmations & recommendations:

1. There are no appeal rights
2. Can either Request Reconsideration(RR) or Apply for leave to Appeal to the Federal Court of Canada
3. Deadline to proceed with step 2 is 30 days from the issuance of letter

There is no right to IAD review.

One can request review by Federal Court. The deadline for this is either 15 days (for inland decisions) or 60 days (for outland decisions). I would not recommend that you do this without the assistance of an attorney. Federal Court review is discretionary so what you are filing is technically a "request to grant leave for judicial review". Most of the time you ask for the "certified written reasons for decision" and they send that to you a week or two later (visa offices move rather quickly on judicial review applications because there are hard time limits.) There is a $50 charge for filing the request.

Within 30 days of receiving the "certified reasons for decision" you must file the "application for judicial review" which includes a copy of everything relevant to the request for judicial review. The issues must either be procedural fairness or legal in nature. The respondent (CIC) must then reply within 30 days of the application. You have one last chance to respond (a "rebuttal") to the government's arguments. Then a judge reviews the papers and decides if judicial review will be granted. If it is not, a written decision is issued (ergo "why review was not granted") and if it is, a hearing date is established (2-3 months into the future.) During that second stage you can submit additional information/material to the court, other parties of interest may intervene, etc. Then you have a hearing (1-4 hours) and the judge makes a decision - sometimes right there in court, but often in writing a couple of weeks later. If there is a "serious question of general interest" it can also be submitted to the court for response by the other side and certification.

Certified questions may be appealed by either party.

If the court decides in your favour, it goes back to CIC for reconsideration. If the court decides against you, you can appeal if there was a certified question.

In general, about 20% of applications for review are granted. From what I can tell, about 20-30% of review cases are favourable to the applicant. Thus, I put the odds of success in review at being something between 4-6% of ALL cases. MOST cases in the courts are refugee cases, however, so FSW cases actually do have a better chance of obtaining review.

My understanding is that there is no hard time limit for requesting reconsideration, but visa offices are not receptive to reconsideration requests in most cases. So the sooner you file for reconsideration, the better. If they refuse to reconsider, it does not extend your judicial review deadline. If they DO reconsider, then your case is no longer eligible for judicial review.

Query: How to request for reconsideration, as no VO was ever assigned and E-cas never replies?

There's no name on your rejection letter? In that case, write a letter, with your case number on it, add any additional material you think relevant for reconsideration and send it to the visa office. USE A COURIER. You want someone to actively sign for it. I know that if you put the name of the visa officer on the package, it goes directly to them, which expedites the process.

I would ALSO e-mail the additional material to them. Feel free to FAX it as well. If you really want to be sure they get it, keep e-mailing and faxing it to them each day until you receive an acknowledgement.

One option you have is to resubmit your application. I understand there are reasons you might not be able to do that any longer, in which case, you need to get that request for reconsideration (along with more documentation about your brother) as soon as possible.

Judicial review is expensive and long odds (I'm in the middle of one right now. Government's filings are due at the end of March.)

Good luck!

 

[mrx]

@computergeek, yes there is no name of visa officer on my letter, it just says Visa Officer and letter with a dot "A." signed on top of it.

Thankyou everyone for the detailed guidance, I really appreciate it as it cleared a lot of my concerns which aren't published on CIC at all. One last thing I want to ask; will it be beneficial & may get a prompt response from CHC, if I give authority to my brother there in Canada and he delivers all the discussed documents in person? Will it expedite anything or will have no / +ve / -ve impact on my case?