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| Subject: What I was told about those legal matters |
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Just to clarify those legal actions against CIC. Only family applicants have a right to file an appeal...
63. (1) A person who has filed in the prescribed manner an application to sponsor a foreign national as a member of the family class may appeal to the Immigration Appeal Division against a decision not to issue the foreign national a permanent resident visa.
67. (1) To allow an appeal, the Immigration Appeal Division must be satisfied that, at the time that the appeal is disposed of,
(a) the decision appealed is wrong in law or fact or mixed law and fact;
(b) a principle of natural justice has not been observed; or
(c) other than in the case of an appeal by the Minister, taking into account the best interests of a child directly affected by the decision, sufficient humanitarian and compassionate considerations warrant special relief in light of all the circumstances of the case.
Effect
(2) If the Immigration Appeal Division allows the appeal, it shall set aside the original decision and substitute a determination that, in its opinion, should have been made, including the making of a removal order, or refer the matter to the appropriate decision-maker for reconsideration.
For other mortals the Judicial review is a way to go...
72. (1) Judicial review by the Federal Court with respect to any matter -- a decision, determination or order made, a measure taken or a question raised -- under this Act is commenced by making an application for leave to the Court.
Application
(2) The following provisions govern an application under subsection (1):
(a) the application may not be made until any right of appeal that may be provided by this Act is exhausted
Also note ....
(d) an appeal to the Federal Court of Appeal may be made only if, in rendering judgment, the judge certifies that a serious question of general importance is involved and states the question.
When this Judicial review is allowed it only means that our application will be re-reviewed by another immigration officer. It does not guarantee the outcome.
If I would personally have to resort to Judicial review I think the best way to choose a lawyer to represent my case would be amongst those who have been succesul in representing a case similar to mine.
[24-02-2005,14:12]
[***.140.218.63]
April |
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(in reply to: What I was told about those legal matters)
did somebody of your family member got rejected please advise
[24-02-2005,14:24]
[***.47.220.230]
Anonymous |
(in reply to: What I was told about those legal matters)
No. These are actual quotes from Immigration Act. I was prepared to challenge a potential refusal on my case, an Skilled Worker application with a medical condition. According to my CAIPS though, my medical was M03, H1 D1 T1 S1 E1, so it should be allright.
[24-02-2005,18:20]
[***.140.218.63]
April |
Medical condition (in reply to: What I was told about those legal matters)
Hi,
I know it´s been a long time for this post.
I got same thing on my CAIPS
M03, H1 D1 T1 S1 E1
but the MEDDEC is 3 which indicate failure.
Please, contact me if you read this message.
I would like to know what happened to you case?
Thanks,
Mihir
[17-09-2010,11:24]
[***.245.202.120]
Mihir |
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