Inland Application 2011

[computergeek]

Well, what I mean is bound by "res judicata." Here are examples of what I'm talking about (the second one is particularly shocking):

http://canlii.ca/t/ftb0q

http://canlii.ca/t/ft9c7

The latter case is also after the fifth application. There are things being said here "between the lines" (which does happen). I think the decision is a bit dubious (who spends that much time trying to get their spouse into Canada as an MOC?)

Note that the former case shares a common pattern with the latter case: nothing new was added sufficient to convince CIC that the original decision was wrong. I actually agree that in the present case if they were to reapply under the same circumstances the previous decision would likely be used to refuse a new application. However, the OP pointed to evidence the IO was not considering - and telling an applicant that they have 24 hours to respond to substantive concerns will very likely not make it through a JR - that's not in keeping with the standards of procedural fairness required by the courts.

It would ALSO provide additional evidence for a subsequent application. Applying outland while living abroad would likely also make a difference.


http://canlii.ca/t/2cm0n - this is an interesting FCA decision (so it's binding on the Federal Courts) that observes: "We agree with the judge that the principle of functus officio does not strictly apply in non-adjudicative administrative proceedings and that, in appropriate circumstances, discretion does exist to enable an administrative decision-maker to reconsider his or her decision." and "In this case, the decision-maker failed to recognize the existence of any discretion. Therein lay the error. The immigration officer was not barred from reconsidering the decision on the basis of functus officio and was free to exercise discretion to reconsider, or refuse to reconsider, the respondent’s request." (Note that the original immigration applicant was the respondent in this appeal - CIC lost and was appealing that loss.)

 

[tow75]

It was actually more like 8 hours to respond. Apparently the IO "called me" 3 hours after the interview (didn't get any missed calls but we were on the metro for an hour or so) and by the time I spoke with the IO it was already noon here on Tuesday - which is 5 in Morocco...evidently we weren't allowed enough time to respond to all of her concerns (and Canada post closes down at 8 or 9 PM).

 

[frege]

It was actually more like 8 hours to respond. Apparently the IO "called me" 3 hours after the interview (didn't get any missed calls but we were on the metro for an hour or so) and by the time I spoke with the IO it was already noon here on Tuesday - which is 5 in Morocco...evidently we weren't allowed enough time to respond to all of her concerns (and Canada post closes down at 8 or 9 PM).

It is curious that she decided not to look at your documents at the interview but then said this. CG has already commented on this aspect of the case.

 

[frege]

However, the OP pointed to evidence the IO was not considering - and telling an applicant that they have 24 hours to respond to substantive concerns will very likely not make it through a JR - that's not in keeping with the standards of procedural fairness required by the courts.

My main concern is that a negative decision from the Federal Court might lead to a decision that "res judicata" applies at a later IAD hearing. I honestly don't know the answer to this question, but I suspect it would. That's why, if Tow and her husband had to make the decision completely without a lawyer, I'd say to reapply outland, no matter how good their chances at judicial review looked.

About the time to respond - I'm not absolutely sure, but the IO might argue that the letter announcing the interview was enough warning. Of course, that's hard to square with not even looking at the documents they took with them.

 

[tow75]

I sent the letter, an got the confirmation. BUT THE IO IS ON VACATION UNTIL THE 2ND. Im sure she made a decision yesterday and well get the letter on Monday when we're out of province. Aaaaarghhh what do we do now?

 

[computergeek]

I sent the letter, an got the confirmation. BUT THE IO IS ON VACATION UNTIL THE 2ND. Im sure she made a decision yesterday and well get the letter on Monday when we're out of province. Aaaaarghhh what do we do now?

Wait until you get back. Enjoy the holidays.

The rule is that you must file an application for review in 15 days, but you have the option of requesting leave of the Court for additional time - such as the fact you were not in province when the decision was delivered. If she sent the decision on 20 December, you would have until 5 January using a strict interpretation of 15 days. If you don't get the rejection until 27 December (due to the holidays) you can argue - and the Court is likely to grant - a motion to extend the deadline until 12 January. It doesn't prejudice CIC's case and it is a reasonable request. I'd be surprised if Justice Canada tried to oppose such a motion.

Continue to collect your information. When you have it, submit it. If you receive a rejection letter in the interim, ask for reconsideration (that doesn't reset the clock, but it does mean you can argue the material should have been considered).

Hmm, that reminds me, tomorrow is the one year anniversary of my application rejection. I'm glad I challenged the rejection, though it was intensely stressful.

 

[vincystress]

hi every one i got my letter today my landing interview will be on jan 16 thank youu guys for all the help and i will up date u guys on every thing
am so happy its almost over good luck to ever one and hope you guyz hear some thing soon

ps my ecas still says dm with nothing saying letter was send when i click dm there is no update in there so ecas ia just as useless as call center ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D

 

[tow75]

Congrats on your landing interview!!

We'll have our neighbors checking our mail when they come to feed our birds so we've asked them to open any letters so if it shows up Monday well have some advance warning.

Also, I was wondering how long my husband has before we have to leave the country. He's never had a removal before, would it be a month2 months, 3?

 

[lyn28]

hi every one i got my letter today my landing interview will be on jan 16 thank youu guys for all the help and i will up date u guys on every thing
am so happy its almost over good luck to ever one and hope you guyz hear some thing soon

ps my ecas still says dm with nothing saying letter was send when i click dm there is no update in there so ecas ia just as useless as call center ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D

yey! congrats to you! good luck on your interview! happy holidays to all!

 

[computergeek]

Congrats on your landing interview!!

We'll have our neighbors checking our mail when they come to feed our birds so we've asked them to open any letters so if it shows up Monday well have some advance warning.

Also, I was wondering how long my husband has before we have to leave the country. He's never had a removal before, would it be a month2 months, 3?

A departure order is 30 days. If he fails to leave within the 30 days, the departure order becomes a deportation order and he is banned from Canada for life (or until an ARC is issued - there's always an exception.)

 

[vincystress]

yey! congrats to you! good luck on your interview! happy holidays to all!

thank u happy holidays to u 2

 

[frege]

I sent the letter, an got the confirmation. BUT THE IO IS ON VACATION UNTIL THE 2ND. Im sure she made a decision yesterday and well get the letter on Monday when we're out of province. Aaaaarghhh what do we do now?

Sorry to hear that. Go see a lawyer if you can afford it when you get back. Otherwise, keep gathering the documents and do what you planned to do. You'll need them for an outland application anyway.

 

[micanada]

congrats vinccystress!! finally! i think i am the only one 2011 left here LOL! havent heard from cic since i got aip!! :'( :'( :'( :'(

hi every one i got my letter today my landing interview will be on jan 16 thank youu guys for all the help and i will up date u guys on every thing
am so happy its almost over good luck to ever one and hope you guyz hear some thing soon

ps my ecas still says dm with nothing saying letter was send when i click dm there is no update in there so ecas ia just as useless as call center ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D

 

[ichbinella]

congrats vinccystress!! finally! i think i am the only one 2011 left here LOL! havent heard from cic since i got aip!! :'( :'( :'( :'(

Dun worry, i guess yours is on its way! I cross my fingers for u! The sooner all 2011 applicants got PR. the sooner 2012's can hear from them.. mine is 2012 a long long wait ahead~

 

[micanada]

thank you!! ;D just cant wait to get this over , sometimes it is so frustrating!! goodluck to us and thanks girl!!

Dun worry, i guess yours is on its way! I cross my fingers for u! The sooner all 2011 applicants got PR. the sooner 2012's can hear from them.. mine is 2012 a long long wait ahead~