Judicial review

What is the judicial review process and who are the ones eligible for judicial review?  ( To show the grey part as text on screen in case of a video recording)

Step 01: File the application for judicial review to begin the judicial review process.

For applications made outside of Canada, you have 60 days from the date of refusal letter to begin the Judicial Review process.

If you do not have the GCMS notes, you must wait to receive the Rule 9 officer notes, which generally takes between 2-6 weeks to receive, depending on the visa office

If you already have the GCMS notes, then we can proceed to Step 2

The Rule 9 notes are equivalent to the GCMS notes, which provides details about why the officer refused your application.

We cannot proceed to Step 2 until we receive the Rule 9 notes and assess the officer’s detailed reasons. The refusal letter you received is not the same as the GCMS notes.

Step 02: Prepare a settlement proposal.

 We begin preparing a settlement offer to try and settle the case early with the IRCC lawyer. This will take us approximately 2 weeks to prepar

The settlement proposal will highlight all applicable errors made by the visa officer.

You will be provided with a copy of the settlement proposal for your review and approval before we submit it to the IRCC lawyer

Once the settlement proposal is submitted, we generally provide the IRCC lawyer with 2 weeks to respond but this may vary depending on their schedule.

If the settlement proposal is accepted, your refusal will be cancelled and application will be reopened for re-determination.

If the settlement proposal is refused, then we proceed to Step 3.

** Our goal is to always try to settle at this Step, but keep in mind that this does not always happen. *

Step 03: Prepare Application Record (AR)

The Application Record expands on the settlement offer with more technical and detailed arguments. This is a much longer and formal submission, since this will be reviewed by a Federal Judge.

The deadline to submit the Application Record is always 30 days from the date we receive the Rule 9 notes (as mentioned in Step 1)

Once we submit the Application Record, the IRCC lawyer will have 30 days to provide their own arguments and respond to the arguments made in the Application Record.

Once we receive the IRCC lawyer’s response, we proceed to Step 4

Step 04: Wait for judge to make final decision.

The federal judge will review all the arguments from both sides. This process generally takes 6-8 months, but varies depending on how busy the court is.

If the judge finds that the visa officer made an error, then the judge will grant “leave” (leave = permission) to proceed to a hearing. At the hearing, we will present oral arguments to the court.

If the hearing is won, your application will be reopened for re-determination

If the hearing is lost, your file is closed and the appeal is over.

If the judge finds that the officer did not make an error, then the judge will dismiss your application and the appeal is over.

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