Judicial Evaluation of a Visa Refusal – When all else fails!


Getting your Canadian immigration visa refused is among the most irritating experiences a international nationwide can undergo. For a lot of momentary visa refusals there isn’t a enchantment. You’re left with refiling the appliance or contemplating a Judicial Evaluation. Canadian Immigration Lawyer Rekha McNutt shares some improbable perception on the method together with when to file and when to not.

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One of many calls I get extra usually than every other is from international nationals who’ve had their customer visa, research allow, or work allow refused at a consulate overseas they usually don’t know what to do subsequent.

I usually recommend that the shopper receive a duplicate of the visa workplace file notes to grasp the true causes for the refusal. Nevertheless, this could take a month and even longer to be obtained. If an error has been made by an officer and the choice must be challenged, a Judicial Evaluation in Federal Courtroom is often the one possibility out there…..and due to the very brief limitation intervals for submitting a JR, there isn’t a time to delay.

On this episode of the Canadian Immigration Podcast, I invited my good buddy and Canadian Immigration Lawyer Rekha McNutt to share some perception on the Judicial Evaluation course of.

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Rekha is my go to individual for Judicial Opinions in Calgary, Alberta.

 

In my interview with Rekha, we cowl the next areas:

  1. What’s a Judical Evaluation?
  2. When it needs to be used and when to contemplate refiling your software?
  3. Rekha shared some examples of circumstances the place it labored properly and what occurred?
  4. The Course of Circulate of a Judial Evaluation – Step by Step!
  5. High Take-aways

In the course of the interview Rekha confessed that she is an avid motorcyclist / rider (I’m unsure what the cool time period is). Her profile on her web site is definitely her using her bike. I needed to embrace it under only for enjoyable.

Rekha Motorcycle

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Learn the Transcript

You may learn further notes for this episode, [spoiler]

CIP S1 E18 – Rekha McNutt – Present Notes

Welcome Rekha to the Podcast

Rekha practices primarily in immigration regulation.   She has intensive expertise with momentary resident visas, categorical entry, federal expert staff, Canadian expertise class, Alberta Immigrant Nominee Program, household class sponsorships, refugee claims, pre-removal danger assessments, and in-Canada humanitarian and compassionate everlasting residence functions.

Rekha had appeared earlier than the Alberta Provincial Courtroom and the Courtroom of Queen’s Bench of Alberta.  She has additionally appeared extensively earlier than the Federal Courtroom of Canada and Immigration Tribunals such because the Immigration Division, Refugee Safety Division, and the Immigration Attraction Division.

Rekha is at the moment the Chair of the Southern Alberta Department of the Canadian Bar Affiliation, Immigration Part. She is an avid motor biking fanatic: What’s a JR?

  1. What’s a Judicial Evaluation?
  2. When can it’s used?
    • some examples of circumstances the place it did work and what occurred?
  3. Course of Circulate of a Judicial Evaluation
  4. High Take-aways:
  • Seek the advice of a lawyer as quickly as you get a refusal to overview the opportunity of a JR due to the doubtless very brief timelines
  • Rent a lawyer who can also be accustomed to the kind of software that was refused. Such an individual is finest suited to find out whether or not there was an error made and your probabilities on JR
  • Courtroom intervention is usually the one approach to “change” an Officer’s thoughts.
  • Generally the results of not JR-ing are very severe (eg. 5 12 months misrep bar; refusal for inadmissibility for A35 (crimes in opposition to humanity), and so on.)
  • A JR will not be an ‘enchantment’. The court docket can not have a look at new proof. So if the underlying software is poor, the higher answer could also be to re-file fairly than JR

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