We know receiving a Study Permit rejection letter can be stressful. Mainly after all those hours, you spent. But the good news is that you are not at the end of the line. We, immigration lawyers, can help you. Our experienced lawyer, Mr. Samin Mortazavi and our dedicated team of twenty professionals can help you. We can help you through the Federal Court of Canada. The Federal Government of Canada established the Federal Court fifty years ago to help people in your situation.
If your Study Permit application arose from outside Canada, you have sixty days to take the matter to the Court. One application for leave and judicial review is started in Court. The Citizenship and Immigration Canada will send us the reasons for refusal. The reasons are the Global Case Management System notes or simply the GCMS notes. These are the notes that the visa officer has entered in his or her system when reviewing your file. Then, we have forty days to file the Application Record which is a 120-180 pages package. It includes our fifteen to thirty pages legal arguments, also called the Memorandum of Fact and Law.
When the lawyers for the Department of Justice (the “DOJ”) receive our Application Record, they have thirty days to file a Response. That is their legal argument in favour of the Minister of Citizenship and Immigration (the visa officer). Then, we have ten days to file a Reply, basically our rebuttal (if necessary). Then the file goes in front of the first judge, whose job is to determine if the arguments have enough merits to take the Court’s time. This step is called the Leave Disposition. If, leave (permission to move forward) is granted then the matter goes to the hearing. The hearing for such files is often ninety minutes. Usually, the judge makes a determination, right then and there.
Mr. Samin Mortazavi
Mr. Mortazavi, our seasoned judicial review lawyer with over 2,500 successful applicants has many noteworthy Court winnings. You can find the Court decisions below: