Judicial review for study permit

[haris00]

I want to go for judicial review for the refusal of my study permit application. Any good lawyers you guys can suggest?

 

[hardeep bal]

I want to go for judicial review for the refusal of my study permit application. Any good lawyers you guys can suggest?

Sad to know about your study permit refusal,,

May know why is it ?

You can check good lawyer's in your area on ICCRC websites

 

[TCS2024]

Hi...my case is the same for my 7 year old son. The lawyers say it may go up to 18 months for the court proceedings. Is there any urgent apeal option? It's almost impossible to stay without him because that's a age they need close care.

 

[canuck78]

Hi...my case is the same for my 7 year old son. The lawyers say it may go up to 18 months for the court proceedings. Is there any urgent apeal option? It's almost impossible to stay without him because that's a age they need close care.

Was there an error in the assessment of his file? No there is no there is no urgent processing.

 

[TCS2024]

.

 

[TCS2024]

Im not really sure...

 

[Naturgrl]

Im not really sure...

No way to expedite. Have you filed JR? What were the errors in law?

 

[TCS2024]

Im not really sure...can I resubmit another application? Or apply for a visitor visa for him? The court appeal may take time, therefor if can't find a solution I might leave my work and return for good.

First time it was rejected because my consultant missed to submit the Father's concent letter. Second time for the reason that in principle, my WP submission application the consultant has tick marked I am not accompanying any family members. Third time as below:
I am not satisfied that you will leave Canada at the end of your stay as required by
paragraph R216(1)(b) of the IRPR (https://laws-lois.justice.gc.ca/eng/regulations/sor-2002-227/
section-216.html). I am refusing your application because you have not established that you will
leave Canada, based on the following factors:
• Your proposed length of stay in Canada is inconsistent with a temporary stay given the
details you have provided in your application.
• The purpose of your visit to Canada is not consistent with a temporary stay given the
details you have provided in your application

And below what is written in the GCMS notes.

I have reviewed the application. I have considered the following factors in my decision. The applicant's proposed length of stay in Canada is inconsistent with a temporary stay given the details provided in the application. Given the availability of good primary school education programs in the applicant’s home country as well as the region, at a fraction of the cost in Canada, not satisfied that the proposed study is reasonable. 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."

This appears to be a visa refusal letter, stating concerns about the temporary nature of the stay, availability of education in the home country, and doubts about the applicant's departure from Canada after their authorized stay

 

[Naturgrl]

Im not really sure...can I resubmit another application? Or apply for a visitor visa for him? The court appeal may take time, therefor if can't find a solution I might leave my work and return for good.

First time it was rejected because my consultant missed to submit the Father's concent letter. Second time for the reason that in principle, my WP submission application the consultant has tick marked I am not accompanying any family members. Third time as below:
I am not satisfied that you will leave Canada at the end of your stay as required by
paragraph R216(1)(b) of the IRPR (https://laws-lois.justice.gc.ca/eng/regulations/sor-2002-227/
section-216.html). I am refusing your application because you have not established that you will
leave Canada, based on the following factors:
• Your proposed length of stay in Canada is inconsistent with a temporary stay given the
details you have provided in your application.
• The purpose of your visit to Canada is not consistent with a temporary stay given the
details you have provided in your application

And below what is written in the GCMS notes.

I have reviewed the application. I have considered the following factors in my decision. The applicant's proposed length of stay in Canada is inconsistent with a temporary stay given the details provided in the application. Given the availability of good primary school education programs in the applicant’s home country as well as the region, at a fraction of the cost in Canada, not satisfied that the proposed study is reasonable. 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."

This appears to be a visa refusal letter, stating concerns about the temporary nature of the stay, availability of education in the home country, and doubts about the applicant's departure from Canada after their authorized stay

Why apply for a TRV is child is going to stay and study? Child has 2 refusals now. Going to get same reasons for refusal. Study permits are not guaranteed. IRCC is saying that your country has good education so why come here. Also didn’t show ties to return. When you applied for a work permit you had the chance to apply with your child but you decided to select NO. That is also being factored in and now you want child to come with no way to prove child will return.

What do you mean by court of appeal? Think you mean Judicial Review. If successful with JR, it just means case is reviewed by another officer. Talk to your lawyer.

 

[scylla]

Im not really sure...can I resubmit another application? Or apply for a visitor visa for him? The court appeal may take time, therefor if can't find a solution I might leave my work and return for good.

First time it was rejected because my consultant missed to submit the Father's concent letter. Second time for the reason that in principle, my WP submission application the consultant has tick marked I am not accompanying any family members. Third time as below:
I am not satisfied that you will leave Canada at the end of your stay as required by
paragraph R216(1)(b) of the IRPR (https://laws-lois.justice.gc.ca/eng/regulations/sor-2002-227/
section-216.html). I am refusing your application because you have not established that you will
leave Canada, based on the following factors:
• Your proposed length of stay in Canada is inconsistent with a temporary stay given the
details you have provided in your application.
• The purpose of your visit to Canada is not consistent with a temporary stay given the
details you have provided in your application

And below what is written in the GCMS notes.

I have reviewed the application. I have considered the following factors in my decision. The applicant's proposed length of stay in Canada is inconsistent with a temporary stay given the details provided in the application. Given the availability of good primary school education programs in the applicant’s home country as well as the region, at a fraction of the cost in Canada, not satisfied that the proposed study is reasonable. 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."

This appears to be a visa refusal letter, stating concerns about the temporary nature of the stay, availability of education in the home country, and doubts about the applicant's departure from Canada after their authorized stay

What do your GCMS notes say? I am not sure I would apply for a fourth time if you already have three refusals without the help of an immediate lawyer. Please make sure you are working with an actual lawyer and not a consultant. It's possible an approval will not be feasible so you will need to consider what you do in the event a visa cannot be obtained. Unfortunately it was a big error to indicate your child as non accompanying in your WP application. Good luck and hope something works out.

 

[TCS2024]

What do your GCMS notes say? I am not sure I would apply for a fourth time if you already have three refusals without the help of an immediate lawyer. Please make sure you are working with an actual lawyer and not a consultant. It's possible an approval will not be feasible so you will need to consider what you do in the event a visa cannot be obtained. Unfortunately it was a big error to indicate your child as non accompanying in your WP application. Good luck and hope something works out.

Each time it was applied through lawyers. The initial mistake was done by a consultant, because we had no idea, he said that's the procedure. I have copied the GCMS notes as well as the refusal letter in the thread.

Thank you!

 

[TCS2024]

Why apply for a TRV is child is going to stay and study? Child has 2 refusals now. Going to get same reasons for refusal. Study permits are not guaranteed. IRCC is saying that your country has good education so why come here. Also didn’t show ties to return. When you applied for a work permit you had the chance to apply with your child but you decided to select NO. That is also being factored in and now you want child to come with no way to prove child will return.

What do you mean by court of appeal? Think you mean Judicial Review. If successful with JR, it just means case is reviewed by another officer. Talk to your lawyer.

Sorry, yes JR. The lawyers says there's 80% chance of getting a favorable outcome through courts rather than resubmit, but we don't really know how far it's true. We already paid and the proceeding is underway. That's why I want to know if I shouldn't suffer longer without my child.

 

[scylla]

Sorry, yes JR. The lawyers says there's 80% chance of getting a favorable outcome through courts rather than resubmit, but we don't really know how far it's true. We already paid and the proceeding is underway. That's why I want to know if I shouldn't suffer longer without my child.

My two cents is to wait for JD and do not apply again. You already have three refusals.

 

[TCS2024]

Sorry, yes JR. The lawyers says there's 80% chance of getting a favorable outcome through courts rather than resubmit, but we don't really know how far it's true. We already paid and the proceeding is underway. That's why I want to know if I shouldn't suffer longer without my child.

Also, my husband is not joining us in Canada, he has a stable job. Wouldn't that considered ties to return?

 

[Naturgrl]

Sorry, yes JR. The lawyers says there's 80% chance of getting a favorable outcome through courts rather than resubmit, but we don't really know how far it's true. We already paid and the proceeding is underway. That's why I want to know if I shouldn't suffer longer without my child.

But JR doesn’t mean your child gets study permit if you “win” the settlement. It just means that another officer reviews the file again, and can still be refused.

No point in reapplying for a TRV or study permit with so many refusals. Wait for review and settlement.