IAD appeals, ADRs, & Federal Court judicial review

I don't remember them updating much of anything until after my husband landed.  Definitely don't remember anything about the police checks.  Our biggest hassle was the medicals being received. 

Dear All,

I figured I'd add my own judicial review timeline here.

FSW category.  Original application filed June, 2009.  Medical admissibility issue reported ("fairness letter") in March 2011.  Responded to fairness letter in May and July 2011.  Medical officer affirmed decision of medical inadmissibility December 2011.  Rejection letter sent December 22, 2011.  Request for Judicial review filed January 2012.  Reasons for decision received January 30, 2012.  Application for Judicial review filed February 29, 2012.

Respondent's answer is due on March 30, 2012.  Applicant's rebuttal due April 6, 2012 (which is a holiday, so I'm not sure if it is due on April 7, 2012 or due on April 3, 2012, the previous business day.)

Milad wrote: Dear Computergreek, I'm rely appreciating the information you give, in fact I 'm warring, because I requested at the end of the letter to find a lawyer in a limited time, but because I'm outside Canada at the moment, I do not know what is the right a move I have to go, in the same time I decided to move alone without my family and reapply again from there, I wish this step could convince them that I have the intonation to move to Canada. thank you again.

If you applied for outland sponsorship, you have (or had) the option to an IAD appeal.  That is the BEST option to proceed because they are allowed to consider humanitarian and compassionate grounds, as well as new evidence.

Judicial review is a low probability, low yield path.  I've looked through a nice sample of the 2010, 2011 and 2012 dockets and from what I can tell judicial review is allowed in about 20-25% of cases.  There's a 20-30% chance of a positive outcome for a successful review case, so the whole thing boils down to a 4-6% chance.  My attorney is charging $4200 for the review process (and to be honest, that's a very reasonable fee since I'm quite sure he's already put in quite a bit of time in preparing the application.  Or maybe I'm too used to hanging around with $500+ per hour lawyers.)

Even with a combination of both mundane ("officer ignored the procedural fairness requirements of Hilewitz") and novel ("the law and rules violate Charter Section 15" and "the process violates the separation of powers between Provincial and Federal governments") along with factual material and supporting case law, it still seems like a long shot that it will land in front of a judge that decides these are issues worthy of consideration.

If it IS accepted, I figure then we'll probably win on one of the novel arguments, which means the government will appeal - so another 12-18 months tacked on to the process.   So if successful, sometime in 2014 my case would go back to CIC, where they would then drag it out for another 18-24 months....

That's why my spouse has filed a sponsored application.  I can deal with another two years of uncertainty (spousal sponsorship with a prior rejection) but to be honest, if I didn't HAVE a Canadian spouse now, I'd just go back to the US, because the whole thing is a mess.

So, if I were you, I'd either go for reconsideration, IAD appeal or just figure out a way to move home with your family.

Hmm.  Another route you might consider would be to obtain a TRP for your spouse.  A "temporary resident permit" is given to someone who is otherwise inadmissibile.  Its entirely discretionary, but H&C grounds are allowed, can be obtained abroad and renewed inland.  Spousal categories are explicitly called out in the manual (OP 20) and you have the added benefit of a rejected sponsorship already ("so you don't believe I'm not going back?  Let me bring my wife with me!")

But yes, finding a good lawyer would still be beneficial.  I don't know someone with expertise in your particular area, but I know at least two with good reputations in doing judicial review work.

Hi guys,