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judicial review after study permit rejected, please urgent help!

Naturgrl

VIP Member
Apr 5, 2020
44,981
9,548
@wonderbly @Naturgrl need your assistance, these notes for first application, second already applied CBSA notes, third application in progress and i going for judicial review, , your feedback will really help to understand these notes , thank u
Your GCMS notes are pretty clear why refused based on your education (doing a certificate and not a Masters). Not sure how a completing certificate (is this even a post grad program) and spending tens of thousands will give you a higher paying job in your home country. If you are a safety engineer with a Masters in Occupational Health shouldn’t you be doing a post grad or masters in engineering technology? Taking a technician course vs. an engineering program have very different career paths. In Canada, a technician is for those who have high school education, and pursue college. Engineering is licensed and you get your education through university. You are a safety engineer so should be pursing and engineering degree so you can become licensed in your field. Since you are going for JR, talk your Canadian immigration lawyer. You need to be in Canada to file so need someone to represent you.
 

canuck78

VIP Member
Jun 18, 2017
55,619
13,534
@wonderbly @Naturgrl need your assistance, these notes for first application, second already applied CBSA notes, third application in progress and i going for judicial review, , your feedback will really help to understand these notes , thank u
Given the reasons for refusal I wouldn’t spend thousands of dollars on a JR. There are well founded reasons for your study permit denial. Your choice of study doesn’t show progression. It makes no sense why you would want to come to Canada to take a technician course given your previous education and work experience.
 
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terki

Champion Member
Nov 16, 2012
1,967
198
37
FLORIDA - MIAMI
LANDED..........
DUAL-CITIZEN - USA/CANADA
MY GCMS NOTES came today General Office: Abu Dhabi

NOTES 1: Reconsideration request reviewed on its substantive merits. No error in fact, law, or procedural fairness noted. Decision stands.

I have reviewed the application. I am not satisfied that the applicant would leave Canada at the end of their stay as a temporary resident, I note that: -

the client is married or has dependents or states to have close family ties in their home country, but is not sufficiently established

The study plan does not appear reasonable given the applicant's employment and education history. I note that: -the client has previous studies at a higher academic level than the proposed studies in Canada -the client's proposed studies are not reasonable given their career path

After considering the applicant's academic and professional history, their financial situation, as well as their planned studies and explanation provided for it, I am not satisfied that the applicant is a genuine student who will pursue studies in Canada. The stated benefits of their intended studies do not seem to warrant the cost and difficulty of undertaking foreign education.

Taking the applicant's current employment situation into consideration, the employment does not demonstrate that the applicant is sufficiently well established that the applicant would leave Canada at the end of a period of authorized stay.

Based on the applicant's limited employment prospects in their country of residence/citizenship, I have accorded less weight to their ties to their country of residence/citizenship. Weighing the factors in this application. I am not satisfied that the applicant will depart Canada at the end of the period authorized for their stay. For the reasons above, I have refused this application.
[/QUOTE]

@Greeny786
Take this opinion from my yrs of exp. [Written from VO lens]

V.O [for a change] is very clear and detailed in notes - wont' stand in JR or even a leave may be denied
Clearly accorded less weight for COR
Re - work and go for high end course and give a gap - All of your actions is only adding negatives and urge to reach Canada
There are cases which passed through [i.e., certificate after Masters]; however yours is not one among them.
If chosing a certificate or lower than Masters; choose something that constantly changes syllabus adapting to Industry changes /standards

PS:
There is light: There's always hope if one holds cautious optimism, an extreme eye to detail, and put forward the right balance of fact and law
 

Greeny786

Champion Member
Jul 12, 2021
1,352
290
MY GCMS NOTES came today General Office: Abu Dhabi

NOTES 1: Reconsideration request reviewed on its substantive merits. No error in fact, law, or procedural fairness noted. Decision stands.

I have reviewed the application. I am not satisfied that the applicant would leave Canada at the end of their stay as a temporary resident, I note that: -

the client is married or has dependents or states to have close family ties in their home country, but is not sufficiently established

The study plan does not appear reasonable given the applicant's employment and education history. I note that: -the client has previous studies at a higher academic level than the proposed studies in Canada -the client's proposed studies are not reasonable given their career path

After considering the applicant's academic and professional history, their financial situation, as well as their planned studies and explanation provided for it, I am not satisfied that the applicant is a genuine student who will pursue studies in Canada. The stated benefits of their intended studies do not seem to warrant the cost and difficulty of undertaking foreign education.

Taking the applicant's current employment situation into consideration, the employment does not demonstrate that the applicant is sufficiently well established that the applicant would leave Canada at the end of a period of authorized stay.

Based on the applicant's limited employment prospects in their country of residence/citizenship, I have accorded less weight to their ties to their country of residence/citizenship. Weighing the factors in this application. I am not satisfied that the applicant will depart Canada at the end of the period authorized for their stay. For the reasons above, I have refused this application.
@Greeny786
Take this opinion from my yrs of exp. [Written from VO lens]

V.O [for a change] is very clear and detailed in notes - wont' stand in JR or even a leave may be denied
Clearly accorded less weight for COR
Re - work and go for high end course and give a gap - All of your actions is only adding negatives and urge to reach Canada
There are cases which passed through [i.e., certificate after Masters]; however yours is not one among them.
If chosing a certificate or lower than Masters; choose something that constantly changes syllabus adapting to Industry changes /standards

PS:
There is light: There's always hope if one holds cautious optimism, an extreme eye to detail, and put forward the right balance of fact and law
[/QUOTE]
Lovely ubdertood. Thanks dear
 

Greeny786

Champion Member
Jul 12, 2021
1,352
290
I meant while you wait for your 3rd application's decision, you can go for a JR on your 2nd application refusal. They might approve your 3rd application seeing you applied for a JR on 2nd app. Just my opinion.
hi dear. i did jr on second refusal and 3rd application in process since 18 Dec. yesterday i received email from fedral court that they served the notice to abu dhabi office with 10 days notice for reply. ..... now this is very interesting because abu dhabi embassy need to reply court in 10 days and their is light of hope that within 10 days i can get PPR as you said also they might approve 3rd seeing i appplied for JR on second app. I am bit excited because the first step i did successfuly for JR with very strong answers of GCMS notes so i feeling positive that this time PPR inshaAllah
 

Greeny786

Champion Member
Jul 12, 2021
1,352
290
@Greeny786
Take this opinion from my yrs of exp. [Written from VO lens]

V.O [for a change] is very clear and detailed in notes - wont' stand in JR or even a leave may be denied
Clearly accorded less weight for COR
Re - work and go for high end course and give a gap - All of your actions is only adding negatives and urge to reach Canada
There are cases which passed through [i.e., certificate after Masters]; however yours is not one among them.
If chosing a certificate or lower than Masters; choose something that constantly changes syllabus adapting to Industry changes /standards

PS:
There is light: There's always hope if one holds cautious optimism, an extreme eye to detail, and put forward the right balance of fact and law
Lovely ubdertood. Thanks dear
[/QUOTE]
you might be right regarding high course selection, in my case its not about chose master or certificate, the course which i chose as certificate its connected with my master and for career aspiration, i explained very well after GCM notes and same submiited for third application as well as for judicial review, now suppose if its still rejected 3rd application or even reject for leave and judicial review then yes its 100% visa officer want me to chose beyond master like MSc so i already applied in 2 universities for MSc as plan B
 
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Vycanis

Star Member
Mar 19, 2018
186
52
Lovely ubdertood. Thanks dear
you might be right regarding high course selection, in my case its not about chose master or certificate, the course which i chose as certificate its connected with my master and for career aspiration, i explained very well after GCM notes and same submiited for third application as well as for judicial review, now suppose if its still rejected 3rd application or even reject for leave and judicial review then yes its 100% visa officer want me to chose beyond master like MSc so i already applied in 2 universities for MSc as plan B
[/QUOTE]

I'm in kind of the same mess. I'm already holding Bachelors in Accounting degree and wanted to pursue a CPA Canada in future. To fulfil CPA Canada prerequisite courses I need to enrol in a College diploma course and all VO officers see that my course is lower than my current education he/she failed to understand what I explained in SOP/LOE or I guess they don't bother to read it. On top of that, they make stupid statements in GCMS notes which contradict my SOP/LOE. I checked my SOP again in thought I might miss writing it but it was there. TBH, these days GCMS notes kind of look similar like a general refusal letter.

I came in contact with someone in Canada while searching for JR. He told me officers are provided with a checklist and they need to check the majority of points before they move your application further. In case if your application is complicated, very few officers will give extra time and concentration to understand your application. Many of them just reject it since the checklist doesn't agree. There is a whole Youtube channel where they explain how this system works and they are showing the actual system that VO use. They have predefined sets of refusal reasons and most of the time they don't mention actual refusal reasons since it is not available in their predefined reasons so they select randomly.

Best of luck and keep updating us.. Thanks
 

Greeny786

Champion Member
Jul 12, 2021
1,352
290
you might be right regarding high course selection, in my case its not about chose master or certificate, the course which i chose as certificate its connected with my master and for career aspiration, i explained very well after GCM notes and same submiited for third application as well as for judicial review, now suppose if its still rejected 3rd application or even reject for leave and judicial review then yes its 100% visa officer want me to chose beyond master like MSc so i already applied in 2 universities for MSc as plan B
I'm in kind of the same mess. I'm already holding Bachelors in Accounting degree and wanted to pursue a CPA Canada in future. To fulfil CPA Canada prerequisite courses I need to enrol in a College diploma course and all VO officers see that my course is lower than my current education he/she failed to understand what I explained in SOP/LOE or I guess they don't bother to read it. On top of that, they make stupid statements in GCMS notes which contradict my SOP/LOE. I checked my SOP again in thought I might miss writing it but it was there. TBH, these days GCMS notes kind of look similar like a general refusal letter.

I came in contact with someone in Canada while searching for JR. He told me officers are provided with a checklist and they need to check the majority of points before they move your application further. In case if your application is complicated, very few officers will give extra time and concentration to understand your application. Many of them just reject it since the checklist doesn't agree. There is a whole Youtube channel where they explain how this system works and they are showing the actual system that VO use. They have predefined sets of refusal reasons and most of the time they don't mention actual refusal reasons since it is not available in their predefined reasons so they select randomly.

Best of luck and keep updating us.. Thanks
[/QUOTE]
I agree but today i found arround 10 applications of JR for applicants from UAE. Arround 7 dismissed in JR and 3 applicants granted in JR fot reconsideration from different visa officer....

In these 3 successful applications compare to my case its similar to me or my application is little higher compare to these 3. Now what i believe first step of leave grant i will achieve successfully. But my all sets of applications are very interesting and its only me because i pursuing JR for second refusal which might take 6 months from now and other hand 3rd application is in review and decision may come in next 10 days. The interesting thing is that embassy must reply me and federal court in 10 days for my JR leave application for second application which embassy will but when they see that my 3rd application is in process and in review it might b chance for PPR in next 10 days or settlement before leave grant that other visa officer shall review 2nd application. Its all interesting what will happend with 3rd application which already in process since 18 Dec.... i am enjoying this game of play and without any stress or tension because i know if they refuse 3rd then on 2nd may get leave for JR which may take 6 months. In meantime i will apply for UK study application and also for canada if get admission for MSc..... i will not give up unless or untill they ban me to apply for study permit which they cant i guess unless misrepresentation.
 

Warvan

Member
Feb 5, 2021
14
7
30
Hello everyone,
I want to tell you my first JR accepted but in the end, the embassy refused my case,
and my second JR accepted I sent updated documents and it is bbeen6 months no response from the embassy,

with best regards,
 

Malkeet1

Star Member
Sep 27, 2017
119
21
Hi I applied from India. Yes the court granted my appeal and sent to Visa office for reconsideration of my application. After that they asked me updated proof of funds, new application forms, ECA, new ielts and new LOA. I could submit any other documents I wanted to. All these took about 1 year and they approved my visa.
After how long Visa office asked for documents ?
How they asked by email or In GCC account ?