Judicial Review vs Re-applying

[Berm88]

Does anyone know if the judicial review route is ever successful?

I was rejected due to a discrepancy between the NOC code provided by the HRSDC and the NOC code my case work thought better reflected the roles and responsibilities of my job. I inquired with the Ottawa office (Ott-Pilot) and they said my application was considered on its substantive merits but was refused based on the letter provided to me by my case worker and therefore, my application is now closed.

Does anyone think it is worth seeking out an immigration lawyer to file for a judicial review or should I just re-apply based on my new (year's long) work experience?

Any help would be much appreciated!

 

[spookyb]

I don't know a lot about your case, but here are my two cents. Given that you have acquired new work experience, I think that you should reapply, making sure that the noc code you apply under matches what is in your reference letter.

As for the judicial review, it can be a long drawn out process, and quite expensive too. I would only ever use that as a last resort, if you had no other options. Remember that in a judicial review, the judge only looks at two things....whether the correct process was followed, and whether any evidence was not considered. Let's say the judge says that some evidence that could have been important to your case was not considered, then the judge can only order a new assessment of your case by another visa officer. That is as far as the judicial review will go. Therefore, there would still be the possibility that the next visa officer could reject the application.

 

[nicole1006]

Hey, sorry I don't understand what is the main reason why they reject u ?

 

[yahoo7]

Can you give us more clarity about your case...probably a copy of the email which you received from CIC...

 

[Berm88]

They rejected me because they said that my roles and responsibilities for my year's work experience didn't match the NOC code I used; I put down NOC code 1225 and my case worker said that my work experience was more accurately reflected in NOC code 1524 (which is a level C position). The HRSDC gave me the 1225 code though.. which is why I thought it would make sense to go the judicial review route...

 

[jes_ON]

The opinions provided by HRSDC in this matter are not "legally binding" in any sense, so that would not merit a judicial review. The only reason for a judicial review, as spooky has already pointed out, is if CIC made a procedural or interpretive error. If you believe CIC got it wrong based on the info you submitted with your application, then there might be a case, but it would still be faster to re-apply.

I've said this many times - it appears that HRSDC tends to "evaluate up" on job descriptions (because of their role in issuing LMOs for work permits - evaluating up would generally mean that the salary would have to be higher - in this way HRSDC can weed out job offers that aren't really skilled), while CIC tends to evaluate "down" for the same reason - if your duties/responsibilities are borderline between a skilled or unskilled NOC, chances are very good that CIC will consider it "unskilled."