Judicial Review

[NV1986]

Hi,

My application has been refused due to child medical did not happened.

My child is with my ex-wife so I could not do medical and as a result CIC refused the case.

My lawyer has filed case for Judicial review but I donot know what will be next step.

Can someone please explain what should be happened if we failed for Judicial Review?

Thanks

 

[scylla]

You can read a summary here: http://www.cic.gc.ca/english/refugees/inside/appeals-review.asp

Detailed information here: http://www.cic.gc.ca/english/resources/manuals/enf/enf09-eng.pdf

Short answer is that a failed judicial review will trigger a removal order.

 

[NV1986]

thanks for your reply.

I have work permit valid till next year so I believe if Judicial review failed still I can say in Canada, please correct me if I am wrong.

Also I have some confusion here,

Step-1: Apply for Judicial Review
Step-2: Court will ask for evidence from both parties, like GCMS notes
Step-3: At this stage court will ask for settlement --- Can you please explain this stage because I donot know what should happening at this stage?
Step-4: Both parties will go for hearing (Arguments)
Step-5: Court will take decision, either failed or ask another office for reconsideration
Step-6: If court ask for reconsideration, another officer will review file and take decision -- What should happen at this stage? Is it possible to refuse or reject application if court ask for reconsideration?

Can you please help to understand these stages?

Thanks

 

[NV1986]

appreciate if someone help here.

 

[scylla]

We don't see very many people going through Judicial review here and vast majority of us aren't familiar with the process. Recommend that you either use the search function on this forum to find historical threads on this process - or ask your lawyer for a walk-through of the process (this is probably the better option). Good luck.

 

[arc22]

When court asks for a settlement, it is basically asking both the parties if they agree the way the case is at the moment or are they willing to change anything before it goes into hearing!
Say that the lawyer representing CIC decides to change their original decision of refusing your PR due to issues with medical, they can do it now without going into the hearing stage( which is normally known as stage 2).
Or lets say that you decide to accept CIC'c original decision and decide to withdraw your case, it can be done at this stage without going into the stage 2

 

[NV1986]

Thanks arc22 for your reply.

Just one question if Court approves for reconsideration is it possible that another officer also refuse with same reason?

 

[arc22]

Thanks arc22 for your reply.

Just one question if Court approves for reconsideration is it possible that another officer also refuse with same reason?

Yes, the court basically says that CIC should reconsider the application, it goes back to a case processing officer and they review the case again and check your eligibility. They could approve/reject your application again.

I would say, be positive, if the court says ok, I believe that there is a 99% chance that CIC will not refuse the application for the same issue.

 

[NV1986]

understood.

Thanks for your help.

 

[arc22]

understood.

Thanks for your help.

Good luck

 

[Danii120]

understood.

Thanks for your help.

Hey, any update? Did you end up getting accepted?