How to Appeal for Judicial Review after Refusal just in 50$

[cheeta37]

Dear fellows

as a lot of applicants received illogical refusals based on duties mismatched issue and don't know what to do?

i suggest first of all immediately apply for CAIPS because without CAIPS you can not do anything.

to file an appeal there is no need to pay thousands of dollars to lawyer on initial stage

just take your refusal letter, CAIPS and documents and prepare a judicial review appeal in Federal court of Canada just in 50$ by representing your case yourself.

following is the procedure on this link.

http://cas-ncr-nter03.cas-satj.gc.ca/portal/page/portal/fc_cf_en/ApplicationIMM

i am also a learner not an expert and i understand from this court link that we need following documents:

1 - Form IRC1
2 - A request letter for judicial Review stating solid grounds and logical reasoning, and also add references from legal documents of immigration policy.
3 - 50$ cheque in favor of "Receiver General for Canada"
4 - any Canadian address and contact number. This is the address to which all documents and Orders will be sent.

more comprehensive details are available on above shared link

please read, understand the procedure and share with me and others.

lets start filling appeals and enjoy by giving tough time to CHC Teams just in 50$

Cheeta

 

[scylla]

Just do add to the information above...

The "represent yourself" option obviously only works if you are physically in Canada so that you can appear in court. Otherwise you need someone to represent you.

 

[cheeta37]

Just do add to the information above...

The "represent yourself" option obviously only works if you are physically in Canada so that you can appear in court. Otherwise you need someone to represent you.

can we just appeal our self and on acceptance of appeal hire a lawyer before hearing at court ?

 

[respectall]

Just do add to the information above...

The "represent yourself" option obviously only works if you are physically in Canada so that you can appear in court. Otherwise you need someone to represent you.

If a person neither physically in Canada nor ones has any representative in Canada, then what??

 

[scylla]

If a person neither physically in Canada nor ones has any representative in Canada, then what??

Appeals fails and you've wasted $50. Someone needs to represent you at the hearing.

 

[scylla]

can we just appeal our self and on acceptance of appeal hire a lawyer before hearing at court ?

Yes - but this doesn't make any sense. You'll still have to pay several thousand dollars for the lawyer to appear on your behalf in court. At that point you might as well hire a lawyer right from the start rather than doing it yourself. In my opinion doing it yourself substantially reduces your chances of winning.

 

[computergeek]

If you don't know anyone in Canada who can forward mail to you, there are services that will do it for you, for a fee (I searched for "Canadian mail forwarding" and found several.) That does mean it will cost more than the $50 application fee.

Practically speaking, most of the actual paperwork is sent via FAX, not mail.

Be warned: the application process moves against hard deadlines and quickly. After you file ("written reasons not received") the Court will send a "Rule 9" letter to CIC. The CIC office responsible for your decision will then send a copy of the "written reasons" - which are generally a printout of your case notes - to the Court as well as Justice Canada (representing CIC) and to you.

At some point Justice Canada will file a "notice of appearance" which means they represent CIC and are opposing your application.

Within 30 days of receipt of those "written reasons" you must file your application record. This provides the legal basis on which you are challenging the CIC decision. It can be accompanied by an affidavit (generally the refused applicant) and supporting documents.

Justice Canada then has 30 days to file a response - their own affidavit, supporting documents, and legal arguments on why leave should not be granted.

The applicant then has 10 days to file a reply. This generally explains why the arguments from Justice Canada are not relevant or should not overcome the original arguments of the applicant.

If you do not file the application record, or at any time after the deadline for your reply has passed, the Court Registry will forward the file to the Court for determination on your leave application.

The leave application may be granted or refused at any point after that. MOST of the time leave is not granted. Most applications are never perfected. Of those that are perfected, many are still refused.

Typically, the decision to grant or refuse the application is made within a few weeks. However, it can take many months.

If leave is granted, you will be given a hearing date. While the rules say "not less than 30 days nor more than 90 days from the date of the order" the reality is that it's almost always exactly 90 days away.

Leave is granted by a Court Order that establishes hard deadlines for all the work that follows:

- The "certified tribunal record", which is often little more than the "written decision" previously, although this time CIC is certifying that it is a true and correct copy of the record.
- The "further affidavits for the applicant". This would be any other evidence that you wish to submit.
- The "further affidavits for the respondent". This would be any other evidence that CIC wishes to submit.
- The deadline for cross-examination of the people swearing affidavits.
- The "further memorandum of law for the applicant". Any additional legal arguments you wish to make.
- The "further memorandum of law for the respondent". Andy additional legal arguments Justice Canada will make.
- The filing deadline for the cross-examination transcripts.

Then you have the hearing. Typically, hearings are set for 2-3 hours.

Normally, the judge to hear your case is announced about two weeks prior to the hearing. While I don't know for sure, I suspect the Judge doesn't look at any of the filings until shortly before the hearing, although she may have a clerk who has reviewed them more thoroughly and written a review of the issues involved, possibly pulling relevant case law and tracking down the citations provided in the legal arguments.

At the conclusion of the hearing the Judge may announce her decision. MORE LIKELY, the matter will be taken under advisement, which means you will have to wait to hear the decision.

The final decision is always written. It explains the issues, the standard of review, the controlling law and the Judge's rationale for the decision. Such decisions are normally published.

You can see decisions for recent years: http://decisions.fct-cf.gc.ca/en/index.html

This can be a valuable research tool, because finding a good attorney to handle your judicial review application is very important - as is educating yourself as to the issues and how the Court looks at things. Find cases similar to your own. Look at who argued them for the applicant.

Fair warning: I have reviewed hundreds of applications and decisions. MOST leave applications are not granted. MOST judicial review applications are not granted. Most applications involve refugee claims, not skilled worker claims, so that does help somewhat. The more egregious the error, the more likely you are to prevail.

In my own case (I'm now six weeks from the hearing) it has become clear from the filings made by Justice Canada that they think they're going to lose - they've submitted inappropriate material several times now, with the most recent being an affidavit from one of the officer's involved that provides detailed reasons that just aren't present in the original filing. Unfortunately for her, even with her augmented reasons, her argument is defective (she completely ignored one piece of evidence which, by itself, was sufficient to rebut her purported concerns.) Of course, she isn't allowed to add new evidence at that stage. I've read many decisions where the Court basically says "you cannot augment the record AFTER the decision".

One other observation: I've never seen a single JR application granted to a self-represented immigration applicant.

Good luck!

 

[scylla]

One other observation: I've never seen a single JR application granted to a self-represented immigration applicant.

Exactly. This is not a DIY (do it yourself) exercise.

 

[scorpion_ca]

Can the applicant, who is outside of Canada, appeal for judicial review as his work permits’ applications have been refused twice?

 

[computergeek]

Can the applicant, who is outside of Canada, appeal for judicial review as his work permits' applications have been refused twice?

Yes. I just read a case in the last week dealing with a work permit. Leave was granted, but the JR application was dismissed.

 

[cheeta37]

i was refused 50 days ago and my time limite to appeal will end on September 10th 2012

i send CHC London a reconsideration request on August 9th 2012. and then send them a Reminder on August 30th 2012. i raise the point of calculating the wrong job experience duration from my experience letter by reading dates wrongly by visa officer. after reminder i received following reply from CHC London last day.

"
Your submission has been placed on file and is in a queue awaiting review."


MCH
Immigration and Medical Services Division
High Commission of Canada
38 Grosvenor Street
London W1K 4AA, United Kingdom

Government of Canada


i am planning to appeal so need some information.

60 days will end on September 10th 2012 from the Rejection date.

Please inform me after getting above official reply from CHC London will my 60 days of appeal right will again start from the next Decision of CHC on my reconsideration request?

or i have only chance of appeal till September 10th, 2012 means 60 days from the first decision?

cheeta

 

[computergeek]

That's an issue of law that is open to interpretation.

Note that the 60 day time limit may be extended (upon request). In a case such as yours, where it is not clear if the decision is "final" (because the reconsideration information is in queue) there is a good argument for an extension of time.

A motion for an extension of time is filed with the application. The Court decides the motion at the same time they decide the application. While they won't grant it for no reason, in a case such as yours where you have an outstanding query and it is not clear that the decision is "final" they seem inclined to grant it. But many people apply prior to the deadline for exactly this reason - to preserve their right to challenge without being forced to make this argument.

 

[cheeta37]

. The thread which u hv started is rather misguiding. Kindly do thnk 100 times b4 sharing info like this. Fighting JR is nt everybdy's cup of tea. Thx.

Please read my first post to start this thread carefully i mentioned it that i am not an expert and seeking for information by information sharing.

Dear fellows

as a lot of applicants received illogical refusals based on duties mismatched issue and don't know what to do?

i suggest first of all immediately apply for CAIPS because without CAIPS you can not do anything.

to file an appeal there is no need to pay thousands of dollars to lawyer on initial stage

just take your refusal letter, CAIPS and documents and prepare a judicial review appeal in Federal court of Canada just in 50$ by representing your case yourself.

following is the procedure on this link.

http://cas-ncr-nter03.cas-satj.gc.ca/portal/page/portal/fc_cf_en/ApplicationIMM

i am also a learner not an expert and i understand from this court link that we need following documents:

1 - Form IRC1
2 - A request letter for judicial Review stating solid grounds and logical reasoning, and also add references from legal documents of immigration policy.
3 - 50$ cheque in favor of "Receiver General for Canada"
4 - any Canadian address and contact number. This is the address to which all documents and Orders will be sent.

more comprehensive details are available on above shared link

please read, understand the procedure and share with me and others.

lets start filling appeals and enjoy by giving tough time to CHC Teams just in 50$ Tongue

Cheeta

 

[cheeta37]

That's an issue of law that is open to interpretation.

Note that the 60 day time limit may be extended (upon request). In a case such as yours, where it is not clear if the decision is "final" (because the reconsideration information is in queue) there is a good argument for an extension of time.

A motion for an extension of time is filed with the application. The Court decides the motion at the same time they decide the application. While they won't grant it for no reason, in a case such as yours where you have an outstanding query and it is not clear that the decision is "final" they seem inclined to grant it. But many people apply prior to the deadline for exactly this reason - to preserve their right to challenge without being forced to make this argument.

So what you suggest in my case should i file the appeal or wait for decision of reconsideration request?

and can you tell any good lawyer that can help me in this matter.

 

[computergeek]

The filing of an application for leave DOES definitely cause problems for CIC offices. Their response to my own application was sent on a Sunday. Perhaps they did the work on Friday and set their fax machine to send it on Sunday, but I seriously doubt that was the case.

With that said, I wouldn't suggest that anyone do this unless they really do intend on challenging their refusal. Further, I'd strongly recommend working with a qualified attorney. But it's not cheap. In my case, my JR application was $4200 plus costs (which will run close to $800 by the time its all done, as there are a number of documents that require personal service, I've ordered copies of everything submitted by Justice Canada, etc.)

Further, even if you do engage with a qualified and experienced barrister, you should also educate yourself, because you care more about your case than anyone else, including your own attorney.