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Rejected application - appeal timescales

Rejected application - appeal timescales

Old Feb 15th 2005, 10:13 am
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Unhappy Rejected application - appeal timescales

Has anyone had experience of appealing a rejected application through the Canadian courts?

My lawyer has filed our appeal papers and the lawyers acting for CIC have responded so we are now waiting for a judge to review our case and set a date for our hearing.

Any ideas how long the process takes from now? I thought it would be a quicker route than submitting a fresh appliaction through London given current timescales, but I'm not so sure anymore.

Thanks
biddle_diddle
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Old Feb 15th 2005, 10:22 am
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Default Re: Rejected application - appeal timescales

Originally Posted by biddle_diddle
Has anyone had experience of appealing a rejected application through the Canadian courts?

My lawyer has filed our appeal papers and the lawyers acting for CIC have responded so we are now waiting for a judge to review our case and set a date for our hearing.

Any ideas how long the process takes from now? I thought it would be a quicker route than submitting a fresh appliaction through London given current timescales, but I'm not so sure anymore.

Thanks
biddle_diddle
It may well take a year or more, especially if a formal defense was filed by the Crown Counsel. What does your lawyer tell you?
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Old Feb 15th 2005, 11:41 am
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Default Re: Rejected application - appeal timescales

Originally Posted by biddle_diddle
Has anyone had experience of appealing a rejected application through the Canadian courts?

My lawyer has filed our appeal papers and the lawyers acting for CIC have responded so we are now waiting for a judge to review our case and set a date for our hearing.

Any ideas how long the process takes from now? I thought it would be a quicker route than submitting a fresh appliaction through London given current timescales, but I'm not so sure anymore.

Thanks
biddle_diddle
Oh I am so very sorry for you. I have no knowledge of this as I haven't heard of any Brit being denied before. Did they tell you why? Is it something that you can realistically appeal?

Wishing you the best of luck.
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Old Feb 15th 2005, 12:35 pm
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Default Re: Rejected application - appeal timescales

I assume you are asking about Judicial Review, not about sponsor's appeal through IRB. If yes then at present it takes about 1 year plus.

You need to know that Judicial Review filed with Federal Court (the only route available to applicants - except sponsors in Family class who may file appeal with IRB) has a chance only if refusal was made in error in law or with great disrespect of the law. If there was no such reason then you are wasting time and money.

Originally Posted by biddle_diddle
Has anyone had experience of appealing a rejected application through the Canadian courts?

My lawyer has filed our appeal papers and the lawyers acting for CIC have responded so we are now waiting for a judge to review our case and set a date for our hearing.

Any ideas how long the process takes from now? I thought it would be a quicker route than submitting a fresh appliaction through London given current timescales, but I'm not so sure anymore.

Thanks
biddle_diddle
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Old Feb 15th 2005, 7:48 pm
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Default Re: Rejected application - appeal timescales

Thank you for your replies to my question.

My appeal is based on the immigration officer making an error when reviewing my application and only granting me 60 points instead of the 67 I needed to gain entry.

Interestingly, Crown Council have not filed any papers in defense. Could that speed up the process?

I am aware that apart from the 90 day period when a court date must be set once a judge has reviewed the papers, there appears to be no timescales for how quickly he will look at those papers to set the date and then after the hearing no timescale for producing his decision.

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Old Feb 15th 2005, 8:20 pm
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Default Re: Rejected application - appeal timescales

Hi,

It is sad to know about ur refusal. Did u try to send the updated documents and asked him/her to look at and correct his/her mistake. Because in 2002 when i applied i was not given for my study in canada points and i wrote a letter and i was awarded the points. Even though i was still short of 1 point to score 75 and my application was refused with 74 points.

I applied again in oct 2003 and now i have got interview waiver and done medical. Personally i think fresh application will be quicker as compare to going thru appeal. This is just my opinion

Regards

newlooks


Originally Posted by biddle_diddle
Thank you for your replies to my question.

My appeal is based on the immigration officer making an error when reviewing my application and only granting me 60 points instead of the 67 I needed to gain entry.

Interestingly, Crown Council have not filed any papers in defense. Could that speed up the process?

I am aware that apart from the 90 day period when a court date must be set once a judge has reviewed the papers, there appears to be no timescales for how quickly he will look at those papers to set the date and then after the hearing no timescale for producing his decision.

biddle_diddle
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Old Feb 15th 2005, 10:18 pm
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Default Re: Rejected application - appeal timescales

hi there sorry to hear about being rejected, can you not ask them to review your points i.e send any more additional info to support your points. it must be so soul destroying for you. when did you apply. good luck best wishes chris
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Old Feb 15th 2005, 10:45 pm
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Default Re: Rejected application - appeal timescales

Hi Biddle,
Nightmare mate, I feel for you
I've always thought though that you'd at least get an interview rather than just a plain NO, that's worrying for me personally. Is there anyway you can just ask for an interview?
Good luck with your appeal.
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Old Feb 16th 2005, 2:37 am
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Default Re: Rejected application - appeal timescales

Hi Bleech

Originally Posted by Bleech
Hi Biddle,
Nightmare mate, I feel for you
I've always thought though that you'd at least get an interview rather than just a plain NO, that's worrying for me personally. Is there anyway you can just ask for an interview?
Good luck with your appeal.
If you don't meet the points on I.A. CHC is not going to interview you.

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