Suing CIC after refusal

[chibiks]

Suppose one is refused a visa on unfair grounds - i.e. it was unreasonable to refuse based on the documents provided, what is the procedure for suing i.e. within Canada application; will it be crown hearing? I am interested in knowing the procedure. crown hearing does not require a lawyer i believe? I have not actually been refused, just seeing how it works.

 

[Baloo]

Suppose one is refused a visa on unfair grounds - i.e. it was unreasonable to refuse based on the documents provided, what is the procedure for suing i.e. within Canada application; will it be crown hearing? I am interested in knowing the procedure. crown hearing does not require a lawyer i believe? I have not actually been refused, just seeing how it works.

In some areas government has crown immunity, but some crown immunity has been eroded by legislation.

If you want to burn money, call a lawyer and try.

"Unfair grounds" - IMO suing the CIC won't fly.

 

[macthepak]

Re: student visa rejected,will apply again,,,good idea?

You cannot sue the government or one of its functionaries they have crown immunity and you cannot sue the queen! Tell you what if you want to sue them than i will be happy to go to canada on your behalf and lodge a case on your behalf at a federal court (for a small fee from yourself of course)

 

[newtone]

I dont know how suing them would help in any way. The case can drag on forever with no gurantees. The way I look at it is they have the right to refuse on fair grounds. Its like saying this is why I am not welcoming you to my house and these are the reasons. If you say I'll sue cause you are not letting me enter your house, then .....buddy we have a bit of a problem......you see when I am going with this right?

I would appeal the refusal and keep a good relation with them instead of fighting them.

 

[67anne]

I dont know how suing them would help in any way. The case can drag on forever with no gurantees. The way I look at it is they have the right to refuse on fair grounds. Its like saying this is why I am not welcoming you to my house and these are the reasons. If you say I'll sue cause you are not letting me enter your house, then .....buddy we have a bit of a problem......you see when I am going with this right?

I would appeal the refusal and keep a good relation with them instead of fighting them.

;D very well said newtone ;D

 

[americanadian]

They can refuse you for any reason they see fit. They don't even have to give you a reason! It's their country, they can decide who comes and who doesn't.

If someone wants to come into your house but you don't let them, could they sue you?

Answer is the same for the above question and your question...absolutely not.

 

[nazia2k]

The problem is we pay rents we are not entering in their house as freeloaders. it is unfair to reject someone on discriminatory reasons. Anyways the world is so big try Germany, education is free there

 

[americanadian]

"The problem is we pay rents we are not entering in their house as freeloaders."

No, when you apply for a student visa to Canada, you are a freeloader. As an outsider, what taxes do you pay to Canada (the equivalent of paying rent to a landlord)? They don't have to accept you, it's their country. It's not discrimination it's just their choice.

 

[nazia2k]

When these students start working there on work permits they pay taxes. These students pay their tuition fees and living expenses from their pockets. There is no such thing called free lunch.

 

[nazia2k]

As an international student they pay Double fees than a local Canadian

 

[_696_]

And one can choose not to study in Canada, which is what I'd personally do, anyways and to OP, if you're applying outland, you have right to appeal so there's no real need to sue anybody [=

 

[acemsyed]

"The problem is we pay rents we are not entering in their house as freeloaders."

No, when you apply for a student visa to Canada, you are a freeloader. As an outsider, what taxes do you pay to Canada (the equivalent of paying rent to a landlord)? They don't have to accept you, it's their country. It's not discrimination it's just their choice.

Dude I SALUTE your ignorance !

 

[chibiks]

the permit was issued.

They can refuse you for any reason they see fit. They don't even have to give you a reason! It's their country, they can decide who comes and who doesn't.

No not true. Officers operate based on established procedures, if they dont follow, they lose their jobs.

 

[chibiks]

"The problem is we pay rents we are not entering in their house as freeloaders."

No, when you apply for a student visa to Canada, you are a freeloader. As an outsider, what taxes do you pay to Canada (the equivalent of paying rent to a landlord)? They don't have to accept you, it's their country. It's not discrimination it's just their choice.

I think you are wrong. I believe there have been class actions against CIC in the past. I see ur point though; there is no problem if laid down rules are followed by the Officers. If I am from say Honduras (an example), I study for 3 years and only given 1 year work permit, then I can appeal (a soft word for demand in this case) and ask for 3 years WP. It becomes a right bcos i meet the criteria and its been given to others; in this case legal action is possible against CIC and the Officer will probable lose teir jobs.

 

[PMM]

Hi

I think you are wrong. I believe there have been class actions against CIC in the past. I see ur point though; there is no problem if laid down rules are followed by the Officers. If I am from say Honduras (an example), I study for 3 years and only given 1 year work permit, then I can appeal (a soft word for demand in this case) and ask for 3 years WP. It becomes a right bcos i meet the criteria and its been given to others; in this case legal action is possible against CIC and the Officer will probable lose teir jobs.

I think that you would be living in a dream world if you think that you could sue CIC for administrative error (if one was made). Secondly no one loses their job by making an error. If they continue to make the same errors, maybe. There have been 2 class action suit on fees, and Momi didn't succeed. Hinton is still winding its way through Federal Court.