Duration required to clear the sent apppeal to Federal curt

[manjuachar]

Please reply me any idea of this. My application was refused due to London IO not considering SSC+HSC+Diploma(3 years) = 15 years full study. Suppose to be 22 points. But only considered SSc+Diploma = 13 years. Given 15 points. Because of that my points are only 62.

I received the refusal letter dated 13th June 2012 on 25th June 2012 through my consultant.

So, on 25th June 2012 my consultant sent an appeal to federal court on 25th June 2012 itself.
Also with the help of forum members' advise, I wrote letter myself for re-consideration to IO of London immigration office on 23th July 2012 with the education certificates (colored copies which were certified(attested) by Government of India at New Delhi) SSc+HSC+Diploma(3 years). through DHL courier.

Now I confirmed that my letter received by Mr. Mageste in London Immigration office yesterday(24.07.2012).
please give me an idea abur
Hence I want to know once we sent appeal how long it may take to get the reply. Are they consider my letter with copies of certificates...........

Please give advise/suggestions/openions in this regard....

 

[computergeek]

Generally a visa office will not acknowledge receipt of your request for reconsideration because it resets the timer for filing an application in Federal Court.

Are you working with a lawyer? A consultant cannot represent you before the Federal Court - only a Canadian attorney may do so.

The rule is that you have 60 days to file an application for leave for Judicial Review. The fee for the application is $50. Normally, an application of this type (FSW presumably) will indicate that you did not receive written reasons for the rejection, causing the Registry to send a "Rule 9" letter to the visa office. The visa office will then send a copy of the computer notes (GCMS probably) to the Registry. Once the Registry receives them (and your attorney or you should receive a copy as well) you have 30 days to complete the request for judicial review. In parallel with your initial application, the government will file a notice of appearance, which says they will resist your application for review. The CAN assent to review, but I've only seen one case this year where that has happened, so it is rare.

The government (Justice Canada) then has 30 days to file a response with the Court. You (or your attorney) then have 10 days to file a reply with the court. After that, the Registry will send your file to the Court for a ruling on your application for leave. Granting or denying leave can take anywhere from 3 days to many months (it took over 3 months for me to be granted leave after my FSW refusal.) If you are granted leave, the Court will schedule a hearing date. There are further opportunities to submit legal briefs, cross-examine the witnesses (all witnesses are on affidavits) and so forth between the time leave is granted and the court hearing.

A typical hearing is 2 hours. Each side presents oral arguments, the Judge can (and usually does) ask questions, and at the end the Judge will either announce a decision or will reserve the decision in which case you must wait.

If you are successful in your application, the Judge grants you "Judicial Review" and remands your application back to CIC for determination by a different officer.

Only about 8-10% of all JR applications that are filed are granted. Many are abandoned, most are not granted leave. Of those granted leave, my sense is that your odds are somewhere between 40-60% in being successful. From my own study, about 20% of applications filed are granted leave. Of those granted leave, no more than 60% are successful, where "successful" means "granted leave for judicial review".

Good luck, no matter what the outcome in your case.

 

[damodar]

Generally a visa office will not acknowledge receipt of your request for reconsideration because it resets the timer for filing an application in Federal Court.

Are you working with a lawyer? A consultant cannot represent you before the Federal Court - only a Canadian attorney may do so.

The rule is that you have 60 days to file an application for leave for Judicial Review. The fee for the application is $50. Normally, an application of this type (FSW presumably) will indicate that you did not receive written reasons for the rejection, causing the Registry to send a "Rule 9" letter to the visa office. The visa office will then send a copy of the computer notes (GCMS probably) to the Registry. Once the Registry receives them (and your attorney or you should receive a copy as well) you have 30 days to complete the request for judicial review. In parallel with your initial application, the government will file a notice of appearance, which says they will resist your application for review. The CAN assent to review, but I've only seen one case this year where that has happened, so it is rare.

The government (Justice Canada) then has 30 days to file a response with the Court. You (or your attorney) then have 10 days to file a reply with the court. After that, the Registry will send your file to the Court for a ruling on your application for leave. Granting or denying leave can take anywhere from 3 days to many months (it took over 3 months for me to be granted leave after my FSW refusal.) If you are granted leave, the Court will schedule a hearing date. There are further opportunities to submit legal briefs, cross-examine the witnesses (all witnesses are on affidavits) and so forth between the time leave is granted and the court hearing.

A typical hearing is 2 hours. Each side presents oral arguments, the Judge can (and usually does) ask questions, and at the end the Judge will either announce a decision or will reserve the decision in which case you must wait.

If you are successful in your application, the Judge grants you "Judicial Review" and remands your application back to CIC for determination by a different officer.

Only about 8-10% of all JR applications that are filed are granted. Many are abandoned, most are not granted leave. Of those granted leave, my sense is that your odds are somewhere between 40-60% in being successful. From my own study, about 20% of applications filed are granted leave. Of those granted leave, no more than 60% are successful, where "successful" means "granted leave for judicial review".

Good luck, no matter what the outcome in your case.

hi dear
I won federal court appeal
my case got refuse at last step by mistake by officer now court agreed breach of law has been made by officer
they are ready to settlement now
any bdy has idea how long it know from here now
my all police clearance certificate and medical with them , they returned my landing fees few months ago , but I am submitting them again with new medical
my point was already calculated now they will add 15 points more for AEO which was deducted by mistake
so now here on how long it take , I got approval on 8th july

 

[computergeek]

hi dear
I won federal court appeal
my case got refuse at last step by mistake by officer now court agreed breach of law has been made by officer
they are ready to settlement now
any bdy has idea how long it know from here now
my all police clearance certificate and medical with them , they returned my landing fees few months ago , but I am submitting them again with new medical
my point was already calculated now they will add 15 points more for AEO which was deducted by mistake
so now here on how long it take , I got approval on 8th july

Congratulations. Do you know the citation of your decision or your docket number? I'd enjoy reading the decision.

Normally Ottawa takes over at this point. The clock does reset, but typically it takes 6-9 months in such cases as CIC is much more careful with a case where they have an adverse decision.

 

[damodar]

Congratulations. Do you know the citation of your decision or your docket number? I'd enjoy reading the decision.

Normally Ottawa takes over at this point. The clock does reset, but typically it takes 6-9 months in such cases as CIC is much more careful with a case where they have an adverse decision.

do you think they will still take take 6 to 9 month
when I got rejection my all security checks has been done
I got letter from DOJ , they provide me written reason of y over turn the decision
my lawyer asked in writing so new officer should not waste time finding y reason over took
if they would go for 6 to 9 month , I can apply my new case here on still get early pr according to new system

how long it took in ur case after appeal

 

[computergeek]

do you think they will still take take 6 to 9 month
when I got rejection my all security checks has been done
I got letter from DOJ , they provide me written reason of y over turn the decision
my lawyer asked in writing so new officer should not waste time finding y reason over took
if they would go for 6 to 9 month , I can apply my new case here on still get early pr according to new system

how long it took in ur case after appeal

My case was unusual, in that the agreement with Justice Canada related to granting my second application - not in overturning the decision in the first (the oral hearing was scheduled as leave had been granted). So my timelines are not applicable to your own application.

My understanding from reading other people's cases is that 6-9 months is the norm. Perhaps some of this "up front" work will help, but from what I've seen they don't even look at the application for a couple of months.