IAD appeals, ADRs, & Federal Court judicial review

dea wrote: Hi Everyone, Well, it's official. Federal court wont take my case. So, I cannot sponsor my husband here ever. There is nothing more I can do.

I'm very sorry to hear of the rejection of your JR application, that must be very disappointing.

What were the grounds for the original rejection?  If you can overcome their initial objection, it would seem you could refile.  Alternatively, have you considered an H&C application (assuming your husband is here in Canada) - while a long shot, it seems better than not being able to be with your spouse.

Hi Everyone,
Well, it's official.
Federal court wont take my case.
So, I cannot sponsor my husband here ever.
There is nothing more I can do.

Hey Pakistan, we are in the same situation as yours, our case is in process at CPP Ottawa and they recently asked for police clearance, IMM008 and other two forms,passprt copy and photos. My husband is also from Pakistan. Could you pls share your timeline after you won appeal and whats the latest. Thanks

Hi guys,

Just to update my own review application.  The review application was filed at the end of February, the government's response (or lack thereof) filed at the end of March, and our reply was filed on April 10, 2012.  The entire file was forwarded by the Registry to the Court on April 17, 2012 for disposition.

My estimate of odds is now around 75% that review will be granted.  This is because the government's response ignored all of the substantive issues raised in the application and instead argued that the issues were "largely moot" because I have the option of re-applying in the sponsored class.  They cited to the medical exam I took in February and as a result of this I know know that I've been determined to be "exempt" from the excessive demand and I do not have any other medical reasons for refusal.  However, as my attorney pointed out in the reply, "moot" is a binary condition and by using the term "largely moot" the government was admitting the issues were not, in fact, moot.

Today marks two weeks since the file was forwarded to the Court for disposition, so I expect to have a decision on the application within the next two weeks.

Personally, I wouldn't wish this process on anyone - it's nerve wracking.  I'm only checking the court docket twice per day (to see if the decision has been recorded.)  In case IMM-2616-09 (Companioni) the court disposed in 23 days, which is consistent with my "about three weeks" case.  In case IMM-4112-09 (Sapru) the court granted review in 14 days - so it CAN move more quickly.

More to follow...