Thank you very much for your help. Would you please let me know if the GCMS provide either only the data regarding the decision made by the officer or review the application by some committee members to ensure its authenticity? Thanks
Self-Employed Application 2018
- Thread starter leavingonajetplane2016
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you can get a taste of it by reading this gcms interpretation guide: https://www.justforcanada.com/gcms-notes-understand-guide.html#Sample
although the example they used was not about self employed class
a gcms note basically includes all the movement of your file, all comments and notes the visa officer who assessed your application made, such as the reason the refusal was based on.
but there may be lots of abbreviations and jargons, which takes time and patience to understand.
you may dm me if you need help re interpreting your gcms notes (you can redact your personal info)
I just have a cursory glance over it and felt that it provides the details instead of lodging an appeal against the decision. In my case, they have sent me the refusal letter, though they did not detail the reasons, but provided brief accounts with reference to the relevant immigration sections. I think I need to find a way and lodged an appeal if I can.
Afzal, extremely sorry to hear about the IRCC decision. @comerunning19 is actually right. Even if you wish to proceed legally in this matter, consider ordering your GCMS notes. If nothing, it will give you a sense of WHY your application was rejected - which is exactly what you want to know right now. And if, by chance, the notes do not mention that, then IRCC is on very weak grounds if you decide to take them to court. A visa officer cannot use merely his discretion to refuse your case. You can file a writ of mandamus against IRCC if indeed your case has been rejected without valid justification. The GCMS notes is the starting point of that investigation. Do note, though, that suing IRCC is a long and expensive process. That is not to say that you should not do it. It's just a matter of priorities. For instance if they rejected my case, I most certainly would sue them, because I have cleared every single stage of the process and the visa office has mentioned in my GCMS notes that he is approving my case (and the GCMS notes are government approved legal document that have legal validity in court). I have one more suggestion for you. Somewhere in this thread, someone - and I am forgetting who - did sue IRCC because his case was rejected. And he won, and finally got his PR and is probably in Canada today. You may need to go through each of the 143 pages of this thread one by one to figure out who this candidate was (unless he is reading this and would like to come forward). Get in touch with him and understand the entire legal process and what is involved, what you can expect. My advice to you is twofold, therefore - 1) never take things lying down - you cannot let one bored, disgruntled, underpaid, idiotic visa officer who has probably had a toothache or a fight with his spouse one particular morning (or both) make a stupid decision that could potentially shatter your lifelong dreams and aspirations, 2) choose your battles wisely, fight the one you can win, avoid the one you know you are going to lose. Start with the GCMS notes. Hope this helps.
Thank you so much for the time and for your detailed reply. It gives a boost. I am so happy going through your words, and will of course, not go for GCMS.
Let me find a reliable source who could get it for me as I am not entitled to make a direct request being outside Canada as far as I know.
Thank you so much for sharing the email address. Is it the same case discussed by my friend in the previous conversation with me that someone was refused a visa and family won his/her case through it? Moreover, could you let me know how much do they charge? Do they retreat GCMS note only or could sue the case as well? Please, guide me so that I can proceed with my case. I hope it is a reliable firm that I could trust in case they ask for money.
Thanks for sharing the email address I was wondering how I could get the concerned email to get started with my case.
Mind that there is a tight timeline to follow for filing a request for judicial review: https://www.fct-cf.gc.ca/en/pages/representing-yourself/procedural-charts/application-for-leave-and-for-judicial-review-immigration
You may wish to contact an immigration lawyer first for advice.
Some (random) SE class appeal cases for your reference:
https://www.canlii.org/en/ca/fct/doc/2019/2019fc764/2019fc764.html - this application for judicial review was allowed.
https://www.canlii.org/en/ca/fct/doc/2022/2022fc99/2022fc99.html
https://www.canlii.org/en/ca/fct/doc/2022/2022fc75/2022fc75.html
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thank you so much, dear, friends. Your feedback, suggestions, sharing the links and documents are of immense help. It opens avenues and paves the way that I could proceed with my case further. May I ask if I can sue the Immigration Officer in court myself or through the law firm? If I need to go through the firm, I'll be grateful if you could share the email addresses of experts and reliable firms I am afraid of scammers.
Just to clarify. You are not suing the government. You are asking for a judicial review. A JR looks over your case based on whether the VO followed the rule of law. You can try to do it yourself if you know what rules of law have not been followed or get a lawyer. A JR doesn’t overturn a decision but if in your favour, your application is re-opened and assessed. The moderators of the forum, Cohen Immigration Law, are one of the best.
Thank you so much for the clarification. Could you give me the email address of the Cohen Immigration Law? A friend gave me the following details and it seems they are the same you suggested. Could you confirm the following?
Cohen Immigration Law
1303 Greene Ave., suite 200,
Westmount, Quebec, H3Z 2A7
www.canadavisa.com
Telephone: 1 (514) 937-9445
Fax: 1 (514) 937-2618
Daniel.Levy@canadavisa.com
I believe so the link for Cohen Immigration is right at the top of this forum page.
Thank you, dear, for the confirmation. I'll get in touch will all my friends on this platform. Once again, many thanks to all friends who extend help in forming suggestions and sharing their valuable views.