Visitors Visa Refused- Judicial Appeal

[Longroadtoimmigration]

Has anyone applied for judicial review for visitor visa and restoration of status? What is the probability and how long does it take ?
Also can a visitor apply for Express Entry while applying for Judicial Review ?
Thanks
L

 

[scylla]

Has anyone applied for judicial review for visitor visa and restoration of status? What is the probability and how long does it take ?
Also can a visitor apply for Express Entry while applying for Judicial Review ?
Thanks
L

Judicial Reviews for refused TRV and restoration applications are pretty rare. There really aren't any stats around success rates. The process will take several months and you'll be looking at $3-5K to hire a lawyer.

You must have valid status in Canada to apply for Express Entry. If someone is applying for restoration, then they don't have valid status in Canada and EE isn't an option. They would need to leave Canada to apply.

 

[canuck78]

This sounds like your sister who arrived with her 2 children and applied for H&C. Wouldn’t waste your money on a judicial review. She was correctly denied an extension. She is not a temporary visitor.

 

[Longroadtoimmigration]

This sounds like your sister who arrived with her 2 children and applied for H&C. Wouldn’t waste your money on a judicial review. She was correctly denied an extension. She is not a temporary visitor.

Yes you are right.
Thanks for the input.

 

[Longroadtoimmigration]

Judicial Reviews for refused TRV and restoration applications are pretty rare. There really aren't any stats around success rates. The process will take several months and you'll be looking at $3-5K to hire a lawyer.

You must have valid status in Canada to apply for Express Entry. If someone is applying for restoration, then they don't have valid status in Canada and EE isn't an option. They would need to leave Canada to apply.

Thanks for your input. Highly appreciated

 

[Longroadtoimmigration]

Judicial Reviews for refused TRV and restoration applications are pretty rare. There really aren't any stats around success rates. The process will take several months and you'll be looking at $3-5K to hire a lawyer.

You must have valid status in Canada to apply for Express Entry. If someone is applying for restoration, then they don't have valid status in Canada and EE isn't an option. They would need to leave Canada to apply.

She actually wants to use the Judicial review to buy time for her Express entry application.

This means she cant even apply for the EE since she doesnt have the status.
She thought the Judicial review will be a kind of implied status for her.

 

[scylla]

She actually wants to use the Judicial review to buy time for her Express entry application.

This means she cant even apply for the EE since she doesnt have the status.
She thought the Judicial review will be a kind of implied status for her.

Judicial review does not grant implied status. She will still be out of status while the review takes place. Express Entry is not an option in this scenario. If she has enough points to be selected through Express Entry (470+) then her best bet is to leave Canada and apply from outside of the country.

 

[canuck78]

How would gaining time help with EE if she is unable to work in Canada? She doesn’t qualify to apply but don’t understand the logic.

 

[9990]

Has anyone applied for judicial review for visitor visa and restoration of status? What is the probability and how long does it take ?
Also can a visitor apply for Express Entry while applying for Judicial Review ?
Thanks
L

Our judicial review got accepted. My father in law and my father both super visas got refused and we don't want spend 5000$ on lawyer so we found the firm who just get your documents prepared for judicial review for 1500$. They made good arguments and we received settlement offer from IRCC within 15 days.

 

[Naturgrl]

Our judicial review got accepted. My father in law and my father both super visas got refused and we don't want spend 5000$ on lawyer so we found the firm who just get your documents prepared for judicial review for 1500$. They made good arguments and we received settlement offer from IRCC within 15 days.

Congrats! So supervisas were approved.

 

[9990]

Congrats! So supervisas were approved.

They're still under review

 

[canuck78]

They're still under review

There seems to be significant reasons why supervisa should be denied so far from a guarantee.

 

[sardarkhan]

Our judicial review got accepted. My father in law and my father both super visas got refused and we don't want spend 5000$ on lawyer so we found the firm who just get your documents prepared for judicial review for 1500$. They made good arguments and we received settlement offer from IRCC within 15 days.

Can you please recommend some lawyers for Judicial review for TRV refusals applications and how much fee they will take and how much time it will take.
I have already requested GCMS notes through Canadian citizen relative.

 

[canuck78]

Can you please recommend some lawyers for Judicial review for TRV refusals applications and how much fee they will take and how much time it will take.
I have already requested GCMS notes through Canadian citizen relative.

There seems to be significant grounds for refusal spending 5k+ should be a consideration.

 

[sardarkhan]

I am not satisfied that you will leave Canada at the end of your stay as required by paragraph 179(b) of the IRPR (https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/section-179.html). I am refusing your application because you have not established that you will leave Canada, based on the following factors:
• You have submitted documentation that lacks authenticity as part of your application. This has diminished the overall credibility of your submission.
• The purpose of your visit to Canada is not consistent with a temporary stay given the details you have provided in your application.

I had file renewal after issued 2 TRV in my 10 years of same passport, visited 3 times in the last 10 years, July 2018( 15 days), Dec 2022 (3 days), Oct 2023 (20 days). I am eligible for SOWP through spouse and have got children born in Canada. Siblings also Canadian Citizen.