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Nairaland Forum / Nairaland / General / Travel / Canadian Student Visa Thread Part 16 (1089582 Views)
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Re: Canadian Student Visa Thread Part 16 by Luckymama: 3:57am On Jun 23, 2019 |
Samuelpluto: The Canadian and u.s embassies and even other first world embassies exchange info. If you withhold information about your visa denials they will find out anyway in your background check. It may lead to a ban |
Re: Canadian Student Visa Thread Part 16 by KenduMan: 4:22am On Jun 23, 2019 |
shinaldo: JUDICIAL REVIEW PROCESS 1. What is Judicial Review ? Here is the standard explanation regarding the judicial review process. It is very difficult to overturn a visa officer's decision in Federal Court with the judicial review process. This process is a 'judicial review' process, and not an 'appeal', and it is important to note that the vast majority of immigration cases do not succeed. Even if the judge disagrees with the decision of the visa officer, that is not enough to overturn the decision. There needs to be more than disagreeing with the outcome based on the merits. The Federal Court process is as follows: There are sixty (60) days from the date of the reception of the refusal letter within which to commence the process when the refusal is from overseas, and thirty(30) days when the refusal is from inside Canada. This is the "application for leave and for judicial review". Written reasons need to be received from the Respondent (the visa office). It can take a few weeks for the written reasons to arrive. After the written reasons arrive, the Applicant has 30 days from the receipt of the written reasons to provide both Affidavit evidence and written argumentation to the Court. Typically, the Affidavit is created within two weeks of the reception of the written decision, and received by the lawyer in pdf. The original is sent to the lawyer by regular mail for storage in the lawyer's file; the original Affidavit does not have to be received by the lawyer within the 30 day period. Then, the Respondent (the visa office) has 30 days from to provide their Affidavit evidence and their written argumentation to the Court. In some cases, the Respondent may decide to settle at this point. After the Respondent has provided their Affidavit evidence and their written argumentation to the Court, the Court decides whether or not to hear the case. The Court can take a few weeks or a few months to make this decision. If the Court decides to hear the case, the Court "grants leave", and the matter is set for hearing, usually within the following four to six months. (If the Court decides not to hear the case, the matter ends there) Legal fees "application for leave and for judicial review" would cost $4000 including all disbursements, judicial stamp/court fees, photocopies, document binding, service of documents, etc. and inclusive of any HST if it is applicable, and is payable at the outset of the entire process by Visa, MasterCard by e-mailing or faxing the credit card number and expiry date, or by bank draft, money order, cheque. If the Court decides to hear the case, the Court "grants leave", the parties may submit new affidavits, and the parties may be examined under oath based on their Affidavit. This is where the visa officer may be cross-examined, if necessary. The evidence including the transcript(s) of the examinations under oath is given to the court. Most cases that we do, do not involve examination under oath. The parties may also submit additional written argument. The Court will order the Respondent to submit a copy of the entire file to the Applicant and to the Court. On the hearing date, only the lawyers attend the oral hearing. There are no witnesses, only Affidavits. A decision comes usually within 30 days of the oral hearing. If positive, the visa office usually takes 60 to 90 days to begin re-processing the file. 2. How much time does the entire process take? It normally takes 9-10 months. 3. How much does the entire process cost? A qualified Canadian attorney charges 3000-4000 Cad$, cost varies from case to case. 4. Does this fee include everything? Yes, generally. 5. I am a Canadian citizen, Can I represent my case on own. Yes (conditions applied). 6. Can every decision (FSW) be challenged in the FCC? Yes. 7. What are the chances of grant of Judicial Review? There is no guarantee of such thing. 8. Are there chances when the respondent refuses to fight the case? Yes, when they find, that a material error has been made by them. Eg. When a case has been refused on the ground that a particular document has not been submitted by the applicant whereas the document was indeed submitted. 9. I have heard Judges give high deference to the VO, is that right? Absolutely, Judges can check standard of review, they can interfere if the law has been breached. In simple words, if they find, VO has not followed the law while making the decision. 10. Can a Judge overturn the VO’s decision? No , the judge can't do that, the Judge can ask another VO to re-assess the application. 11. Is Canadian judge fair in their judgement? Absolutely, even a miniscule error done by the Visa Officer is caught. 12. My case is refused due to job duties mismatch, can I go for JR? Well, you can, if you think there has been an injustice done to you, If you think you have been performing those duties and can prove them. 13. Are there some cases, which have been granted JR on JD? Yes . 14. When there are strong chances of me, winning the case? Well, when you can prove there has been a mistake committed by the VO or a breach of procedural fairness has been done. 15. I have been made inadmissible under 40 (1) (a) as per IRPA? It needs a great standard of Procedural Fairness before imposing 40 (1) (a). (The definition has separately written, will be available soon.) 16. Can I claim for the costs or damages? Well, you can but costs are hardly awarded. Cheers!! 5 Likes 6 Shares |
Re: Canadian Student Visa Thread Part 16 by ALT2(m): 5:46am On Jun 23, 2019 |
SOPWriter: Bro you don't seem to get me, what I have written is 20,000CAD not 2000 . Available fund is 24,732 while my tuition and living expenses is 14,833CAD |
Re: Canadian Student Visa Thread Part 16 by kvbenjamin44(f): 6:07am On Jun 23, 2019 |
makano: only paid tuition deposit ok thanks anyway |
Re: Canadian Student Visa Thread Part 16 by Chaniel: 6:22am On Jun 23, 2019 |
glam4444: Congratulations, I am so happy for you, please I sent you an email, thanks. |
Re: Canadian Student Visa Thread Part 16 by mcobex: 6:35am On Jun 23, 2019 |
ALT2:From what I see here you are fully covered (with regards to fund), you have to try to fix other parts of your app. But first, have you ordered your gcms note just to be sure why you were delayed? If you have that already, then share it and your profile here so I can try to say what I know about it. Good luck 1 Like |
Re: Canadian Student Visa Thread Part 16 by mcobex: 6:40am On Jun 23, 2019 |
Qudkom:Even the UK have mouth to say Nigeria is not safe, SMH. London has one of the highest knife crime rate in the world why is no one saying anything about it? I don't blame them, but the kind of leaders with have had since independence. 1 Like |
Re: Canadian Student Visa Thread Part 16 by Mickyade: 6:48am On Jun 23, 2019 |
Medical was passed and confirm all ok. 2 Likes |
Re: Canadian Student Visa Thread Part 16 by SOPWriter: 8:35am On Jun 23, 2019 |
ALT2:Oh, I've been taking it for$2,000 all this while. I'm really sorry about that. 1 Like |
Re: Canadian Student Visa Thread Part 16 by SOPWriter: 8:37am On Jun 23, 2019 |
mcobex:@ALT2 mcobex said it all. |
Re: Canadian Student Visa Thread Part 16 by MUN19: 8:39am On Jun 23, 2019 |
Hello house I’ve been working for my uncle in his company since MARCH, so as not to stay at home. I don’t get paid salary though, but to re-apply for my TRV, so I told him I would need employment letter and all other letters and also a pay slip. So he said he was going to start the payment from last month What do you advice guys? Can the employment letter start from last month? Also, what can I use to fill in the months after my first application which was January? |
Re: Canadian Student Visa Thread Part 16 by Biot34: 8:55am On Jun 23, 2019 |
Good morning gurus in house and happy Sunday, Pls is tax clearance compulsory? |
Re: Canadian Student Visa Thread Part 16 by Qudkom(m): 8:58am On Jun 23, 2019 |
mcobex: By the Grace of God we'll get there bro. How is Canada treating you? |
Re: Canadian Student Visa Thread Part 16 by Qudkom(m): 9:03am On Jun 23, 2019 |
Obehi44:I understand obehi, but you see regardless of what the intention might be it is important to conceal it and approach in a logical manner. Sometimes I ask people to switch things up and assume they are canadian citizens applying to study in Nigeria, you'll understand that the approach will definitely be different. By the way what's the update on your application? Any significant progress or bottlenecks you need help with? . 1 Like |
Re: Canadian Student Visa Thread Part 16 by Qudkom(m): 9:05am On Jun 23, 2019 |
Biot34: Tax clearance is an important document that enables the VO verify an active company following due process. However, it doesn't decide the final outcome of the application but would be advised to get it. If you can't you can supplement the application with a company SOA and Reference letter. |
Re: Canadian Student Visa Thread Part 16 by Qudkom(m): 9:07am On Jun 23, 2019 |
Biot34: Im reference to this. I hope you've done justice to a comprehensive and cohesive study plan. You also need to show more proof of your establishment in Nigeria. With this gcms note it appears you are on the border and just need a little more effort. |
Re: Canadian Student Visa Thread Part 16 by Qudkom(m): 9:12am On Jun 23, 2019 |
MUN19: He doesn't need to start any glaring payment to show proof of employment. Matter of fact it raises doubt. What you need to do is show proof you work there by getting the following; 1. Employment letter 2. Exclude the pay slip because you don't have a salary account to back it up with. 3. Your uncles CAC certificate. 4. A professional picture with him if you have. 5. Any business licence in relation to his establishment. 6. Let the introduction letter show you've been working for hin long enough to cover your study gaps. (Just a hint! ) |
Re: Canadian Student Visa Thread Part 16 by Qudkom(m): 9:15am On Jun 23, 2019 |
ALT2: The section for( funds available, room and board and tuition) is one of the most confusing part for Applicants. CIC states that you only need to show figures or proof of funds for the duration of the first year. If you are going for a 2year program you are only required to show proof of funds for the first year (however there is nothing wrong with showing prood beyond the first year). Therefore; Tuition*- this figure should be the total roundup of your entire tuition fees for the duration of your program. In case you don't have the figure then provide the first year only. Room&Board*- This should show expense for the first year. The default amount in this category is 10kcad however some province requires more I.e Quebec. Total funds available for stay in Canada*- first year in consideration. The sum total of tuition, living expenses, books and supply etc. Should be filled here. Most times the school gives you a comprehensive breakdown Others*- any non tuition fees will be recorded in this category. For example Medical insurance. 3 Likes 1 Share |
Re: Canadian Student Visa Thread Part 16 by Qudkom(m): 9:17am On Jun 23, 2019 |
Mickyade:If there was no medical request then it means the application was refused. Sorry about that. |
Re: Canadian Student Visa Thread Part 16 by Evankc(m): 9:21am On Jun 23, 2019 |
With all this Canada high refusal rate still many of us won kill our self even some keep trying more than 10 times and forget that their age and time is very important .. For those way Canada dey difficult or let me say canada is not ment for everybody as there is so many country out there that you can live and work better than where you are coming from just like Canada and Australia that seem difficult base on there requirement. Why are we dying for just one country as if ever lasting life is granted there .... HELLO Mr Man , you can't have the whole world and you can't be fully satisfy in one country , no prefect place in the world so stop thinking if you manage to make your way to Canada then all suffering and hard labour is over . Let me tell you , in times of Work Life Balance Canada don't have such also no good weather compare to other country . I also wish to work and live there too but let take of that mind set like with out canada there is no other place for you to school or work . Time wait for nobody so you still make other choice apart from Canada and start from there then with time you can move to Canada if you still want to . Ask yourself what exactly do you want and check for other countries to try not only Canada because of all your friends have move there or it's where people are rushing to ... look for a simple country with a better work life balance , where you can easily start from with good employment rate. Think of your age and time and remember we are all different and like wise everybody with there own destiny . Pls try dey flexible so that you won't loose the opportunity that is right there in front of you than to waste all your time in the name of Canada (why must we be in one direction when you are not a robot) happy Sunday... 3 Likes |
Re: Canadian Student Visa Thread Part 16 by kcosam: 9:42am On Jun 23, 2019 |
glam4444:Wow, congratulations! I can feel your joy, God did it for you and he will surely do it for us. Amen! 2 Likes |
Re: Canadian Student Visa Thread Part 16 by Frankrobbn1: 9:50am On Jun 23, 2019 |
Biot34: It's not compulsory |
Re: Canadian Student Visa Thread Part 16 by Frankrobbn1: 9:52am On Jun 23, 2019 |
glam4444: I can remember this moniker in 2017. Happy to see you're making huge progress in Canada. 1 Like |
Re: Canadian Student Visa Thread Part 16 by kcosam: 10:05am On Jun 23, 2019 |
Evankc:Well said @Evankc, but I was hoping you would have crowned this good advice with suggestions of possible countries with "a better work life balance" so people that welcomes your good advice can begin working towards that. Thank you as you crown this advice. 9 Likes |
Re: Canadian Student Visa Thread Part 16 by olawumi2005(m): 10:07am On Jun 23, 2019 |
Plz give me your email address |
Re: Canadian Student Visa Thread Part 16 by olawumi2005(m): 10:08am On Jun 23, 2019 |
Plz Give me your email address |
Re: Canadian Student Visa Thread Part 16 by olawumi2005(m): 10:22am On Jun 23, 2019 |
Kenduman[color=#550000][/color] give me your email address |
Re: Canadian Student Visa Thread Part 16 by Madupcy: 10:59am On Jun 23, 2019 |
Hello everyone, Please who knows where I can get a loan for my education. Approximately 2.5million Naira. I just finished my Nysc in April and I get an admission in the University of Lethbridge, Alberta for fall 2019. My visa application has been delayed due to lack of funds.I have managed to get a sponsorship letter and statement of account. Just Incase anyone here knows how I can get in contact with any philanthropist or anyone that can help, I will really appreciate. I have always wanted an opportunity like this. |
Re: Canadian Student Visa Thread Part 16 by Obehi44: 11:30am On Jun 23, 2019 |
Qudkom:Yeah, true. It's important to approach in a logical manner (like I no send, like I love naira and I will come back, like to go and study is my priority, like I need that study to improve my life, business and career here in naira). As regards app, I have put in reapplication just a week now. (17th or 18th June or so). I took to your advice and that of many others here. I did other for the GCMS note but I had to reapply before it comes. I just new my finance wasn't enough, so I increased it and added a new assets as the reason was "personal assets and financial status" I check all areas of the previous and noticed they were good except for that area. But above all, I am seriously bringing God who is the best VO into these. I and my husband have already started seriously and no stop until God ans. Thanks for everything and that's to everyone here. I must come back to testify IJN 3 Likes 1 Share |
Re: Canadian Student Visa Thread Part 16 by Qudkom(m): 11:32am On Jun 23, 2019 |
Obehi44: Amen, I'm waiting for your testimony. God bless. |
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