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Judicial review settlement offer

Greeny786

Champion Member
Jul 12, 2021
1,352
290
I read on Twitter back in May that it was taking registry 4-8 weeks to even send the request for Rul 9 notes. Even the registry is backlogged in Canada, LOL.


I was wrong. It's actually 3:
https://www.canlii.org/en/ca/fct/doc/2020/2020fc71/2020fc71.html
https://www.canlii.org/en/ca/fct/doc/2021/2021fc479/2021fc479.html
https://www.canlii.org/en/ca/fct/doc/2020/2020fc279/2020fc279.html

It's interesting to see how short was the hearing at the first one's JR trial. Only took 25 minutes from start to decision.
https://www.fct-cf.gc.ca/en/court-files-and-decisions/court-files#tab02

She did a horrible job arguing though.
@DesiPikachu @aspirant256 these are the longest notes in history of IRCC :p

just received rule 9 notes, story is wonderful:p

The applicant is a 38 year old Pakistani female seeking a study permit . The application was refused but has been re - opened following an application for judicial review . The applicant was given the opportunity to submit a new set of documents to enable a fresh assessment of the application . The previous officer was not satisfied based on the applicant's purpose , current employment situation and immigration status . I note that the PA sought SP to study a college level program in Civil Technician at New Brunswick Community College . She would be accompanied by her 4 year old child who had applied for a TRV but which was also refused . I note from her study plan / letter of explanation that the applicant already holds a Master's degree in Occupational Health and Safety , studied in Italy in 2016 , and that she also holds a Master of Business Administration from Pakistan in 2007. She explains that she had the option of studying in the UK but that the chosen program is considerably cheaper . She stated that the new program is related to her previous master degree and that the new program will enhance her career as a construction safety engineer . However , she fails to expand on this - it is unclear to me how , specifically , the proposed program will benefit her given her work experience and high level qualification from a European university . I note that she has been working as a occupational health and safety engineer for the last 5 years . She does say that she requires theoretical education in civil engineering and practical knoweledge of AutoCAD amonth other things claiming that her employer gives her drawings to prepare and that she finds it difficult , however I give little weight to this explanation - I would not expect a company whose job is to construct high - rise towers in Dubai to hand such a critical role to someone that they do not feel is suitably qualified to do so . Furthermore they would surely have the option of sending her on some training courses which does not appear to have been explored . She later goes on to state that she feels that she would be able to advance to an upper management position , however there is limited evidence to support this . In the updated study plan , submitted after the file was re - opened , she now states that she needs to study the chosen program in order to acquire a license from Dubai Municipality , and that without this license she cannot progress her career . This explanation differs from the one given earlier and while I have considered it on its own merits , there is limited evidence to support this and so I give it less weight . I am therefore not satisfied that the applicant's purpose is as stated . She explains that she has considerable ties to the UAE where she and her husband have resided for a number of years , where she and her husband both have well - paid employment , and given her two children also residing in UAE with one attending school . I however am of the view that she is not sufficiently established in the UAE . The applicant has a salary of AED 7000 per month , while her spouse earns AED 6000 per month . Both of these are actually modest salaries in the UAE given the high cost of living here , and I note that they have two children to support , that one of them is attending school which is very expensive for expats in the UAE . She also states that there is no point in her staying in Canada after her program and that Canada has never been her priority as it's too distant from her home country and from her family . She explains that she has strong family ties in Pakistan and that her husband owns an expensive property there . While she may have family in Pakistan and property I am not satisfied that they provide sufficient incentive to return there from Canada . I also consider given the applicant's personal circumstances , including her household income and family situation , that there are strong pull factors to Canada . I also note that , contrary to her statement of staying in Canada not being a priority for her , that GCMS shows that the applicant has created 13 Express Entry profiles since 2016 which shows a strong desire to acquire permanent residence in Canada . I am not satisfied that the applicant's family ties in Pakistan or in the UAE are strong enough to cause her to leave Canada . Based on the applicant's original application and supporting documents , and the updated submissions , I am not satisfied that the applicant would depart Canada at the end of the period authorized for her stay based on her purpose of visit , ties outside of Canada , and her current employment situation . Application refused . ||| Q : 1 File has been re - opened and assigned to a new officer for review . Opportunity to make new submissions to be given to applicant .
 

aspirant256

Champion Member
Oct 29, 2020
1,548
241
@DesiPikachu @aspirant256 these are the longest notes in history of IRCC :p

just received rule 9 notes, story is wonderful:p

The applicant is a 38 year old Pakistani female seeking a study permit . The application was refused but has been re - opened following an application for judicial review . The applicant was given the opportunity to submit a new set of documents to enable a fresh assessment of the application . The previous officer was not satisfied based on the applicant's purpose , current employment situation and immigration status . I note that the PA sought SP to study a college level program in Civil Technician at New Brunswick Community College . She would be accompanied by her 4 year old child who had applied for a TRV but which was also refused . I note from her study plan / letter of explanation that the applicant already holds a Master's degree in Occupational Health and Safety , studied in Italy in 2016 , and that she also holds a Master of Business Administration from Pakistan in 2007. She explains that she had the option of studying in the UK but that the chosen program is considerably cheaper . She stated that the new program is related to her previous master degree and that the new program will enhance her career as a construction safety engineer . However , she fails to expand on this - it is unclear to me how , specifically , the proposed program will benefit her given her work experience and high level qualification from a European university . I note that she has been working as a occupational health and safety engineer for the last 5 years . She does say that she requires theoretical education in civil engineering and practical knoweledge of AutoCAD amonth other things claiming that her employer gives her drawings to prepare and that she finds it difficult , however I give little weight to this explanation - I would not expect a company whose job is to construct high - rise towers in Dubai to hand such a critical role to someone that they do not feel is suitably qualified to do so . Furthermore they would surely have the option of sending her on some training courses which does not appear to have been explored . She later goes on to state that she feels that she would be able to advance to an upper management position , however there is limited evidence to support this . In the updated study plan , submitted after the file was re - opened , she now states that she needs to study the chosen program in order to acquire a license from Dubai Municipality , and that without this license she cannot progress her career . This explanation differs from the one given earlier and while I have considered it on its own merits , there is limited evidence to support this and so I give it less weight . I am therefore not satisfied that the applicant's purpose is as stated . She explains that she has considerable ties to the UAE where she and her husband have resided for a number of years , where she and her husband both have well - paid employment , and given her two children also residing in UAE with one attending school . I however am of the view that she is not sufficiently established in the UAE . The applicant has a salary of AED 7000 per month , while her spouse earns AED 6000 per month . Both of these are actually modest salaries in the UAE given the high cost of living here , and I note that they have two children to support , that one of them is attending school which is very expensive for expats in the UAE . She also states that there is no point in her staying in Canada after her program and that Canada has never been her priority as it's too distant from her home country and from her family . She explains that she has strong family ties in Pakistan and that her husband owns an expensive property there . While she may have family in Pakistan and property I am not satisfied that they provide sufficient incentive to return there from Canada . I also consider given the applicant's personal circumstances , including her household income and family situation , that there are strong pull factors to Canada . I also note that , contrary to her statement of staying in Canada not being a priority for her , that GCMS shows that the applicant has created 13 Express Entry profiles since 2016 which shows a strong desire to acquire permanent residence in Canada . I am not satisfied that the applicant's family ties in Pakistan or in the UAE are strong enough to cause her to leave Canada . Based on the applicant's original application and supporting documents , and the updated submissions , I am not satisfied that the applicant would depart Canada at the end of the period authorized for her stay based on her purpose of visit , ties outside of Canada , and her current employment situation . Application refused . ||| Q : 1 File has been re - opened and assigned to a new officer for review . Opportunity to make new submissions to be given to applicant .
Share your SOP with us, that you submitted at the ADR stage.
 

DesiPikachu

Hero Member
Jan 13, 2021
346
161
Wow, the VO really did write an essay. I'll read it in full and give my thoughts on it later today when I get the time. But at first glance I don't think they will go for settlement this time. Settlement before leave is granted is unlikely this time around.
 

aspirant256

Champion Member
Oct 29, 2020
1,548
241
That's 859 words and they have made a strong case against the applicant, would be interesting to know if this is an outcome of being triggered by the contents of the SOP.
 

Greeny786

Champion Member
Jul 12, 2021
1,352
290
Hi everyone
Two updates
First i submitted fresh application means 4th application from home country on 11 August

Second submitted applicants record for second judicial review today 15 August
 

canuck78

VIP Member
Jun 18, 2017
55,605
13,529
Hi everyone
Two updates
First i submitted fresh application means 4th application from home country on 11 August

Second submitted applicants record for second judicial review today 15 August
You have quite a lot of hurdles to overcome. Applying from your home country does little to overcome the concerns stated in the notes.
 

Me_A

Star Member
Nov 16, 2021
163
19
@DesiPikachu @aspirant256 these are the longest notes in history of IRCC :p

just received rule 9 notes, story is wonderful:p

The applicant is a 38 year old Pakistani female seeking a study permit . The application was refused but has been re - opened following an application for judicial review . The applicant was given the opportunity to submit a new set of documents to enable a fresh assessment of the application . The previous officer was not satisfied based on the applicant's purpose , current employment situation and immigration status . I note that the PA sought SP to study a college level program in Civil Technician at New Brunswick Community College . She would be accompanied by her 4 year old child who had applied for a TRV but which was also refused . I note from her study plan / letter of explanation that the applicant already holds a Master's degree in Occupational Health and Safety , studied in Italy in 2016 , and that she also holds a Master of Business Administration from Pakistan in 2007. She explains that she had the option of studying in the UK but that the chosen program is considerably cheaper . She stated that the new program is related to her previous master degree and that the new program will enhance her career as a construction safety engineer . However , she fails to expand on this - it is unclear to me how , specifically , the proposed program will benefit her given her work experience and high level qualification from a European university . I note that she has been working as a occupational health and safety engineer for the last 5 years . She does say that she requires theoretical education in civil engineering and practical knoweledge of AutoCAD amonth other things claiming that her employer gives her drawings to prepare and that she finds it difficult , however I give little weight to this explanation - I would not expect a company whose job is to construct high - rise towers in Dubai to hand such a critical role to someone that they do not feel is suitably qualified to do so . Furthermore they would surely have the option of sending her on some training courses which does not appear to have been explored . She later goes on to state that she feels that she would be able to advance to an upper management position , however there is limited evidence to support this . In the updated study plan , submitted after the file was re - opened , she now states that she needs to study the chosen program in order to acquire a license from Dubai Municipality , and that without this license she cannot progress her career . This explanation differs from the one given earlier and while I have considered it on its own merits , there is limited evidence to support this and so I give it less weight . I am therefore not satisfied that the applicant's purpose is as stated . She explains that she has considerable ties to the UAE where she and her husband have resided for a number of years , where she and her husband both have well - paid employment , and given her two children also residing in UAE with one attending school . I however am of the view that she is not sufficiently established in the UAE . The applicant has a salary of AED 7000 per month , while her spouse earns AED 6000 per month . Both of these are actually modest salaries in the UAE given the high cost of living here , and I note that they have two children to support , that one of them is attending school which is very expensive for expats in the UAE . She also states that there is no point in her staying in Canada after her program and that Canada has never been her priority as it's too distant from her home country and from her family . She explains that she has strong family ties in Pakistan and that her husband owns an expensive property there . While she may have family in Pakistan and property I am not satisfied that they provide sufficient incentive to return there from Canada . I also consider given the applicant's personal circumstances , including her household income and family situation , that there are strong pull factors to Canada . I also note that , contrary to her statement of staying in Canada not being a priority for her , that GCMS shows that the applicant has created 13 Express Entry profiles since 2016 which shows a strong desire to acquire permanent residence in Canada . I am not satisfied that the applicant's family ties in Pakistan or in the UAE are strong enough to cause her to leave Canada . Based on the applicant's original application and supporting documents , and the updated submissions , I am not satisfied that the applicant would depart Canada at the end of the period authorized for her stay based on her purpose of visit , ties outside of Canada , and her current employment situation . Application refused . ||| Q : 1 File has been re - opened and assigned to a new officer for review . Opportunity to make new submissions to be given to applicant .
The part about express entry is really tricky
 
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aspirant256

Champion Member
Oct 29, 2020
1,548
241
Did you read her SOP full of grammar mistakes. And why did she mention that she has no contact with her sister or something in Canada. She kept insulting the previous visa officer. You have to be formal and respectful. It was a very BAD SOP that’s why she got rejected
I wanted to see the SOP and found this review so I guess the application is filed again by greeny without getting it proofread by someone else.