Can a permanent resident living in Canada appeal parents visit visa rejection?


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Daks   
Member since: Mar 04
Posts: 157
Location: Toronto

Post ID: #PID Posted on: 07-09-04 15:56:57

Massood

My parents application for a Temporary Resident Visa got rejected at the Delhi Consulate. Can I as a permanent resident living in Canada appeal against the consulates decision not to issue a visa.


Thanks
Daks



sukh   
Member since: Jun 04
Posts: 181
Location: Toronto ,Ontario

Post ID: #PID Posted on: 07-09-04 18:08:15

Hi there,

we had a long discussion in this group about this

http://www.canadiandesi.com/read.php?TID=4563" target="_blank">http://www.canadiandesi.com/read.php?TID=4563

and Massood said that we can appeal in federal court.


-----------------------------------------------------------------
Sukhwinder Singh


Daks   
Member since: Mar 04
Posts: 157
Location: Toronto

Post ID: #PID Posted on: 07-09-04 20:25:32

Quote:
Orginally posted by sukh

Hi there,

we had a long discussion in this group about this

http://www.canadiandesi.com/read.php?TID=4563" target="_blank">http://www.canadiandesi.com/read.php?TID=4563

and Massood said that we can appeal in federal court.



Thanks Sukh. I know about this posting since I participated on this. I have done my bit of research on the rules surrounding this but it did not turn up anything substantial. From what I can understand there is a difference between appealing against a rejection under sponsoring permanent visa versus a temporary resident visa. The appeal process for permanent visa rejections isclear. But, the same is not true for visit visa rejections.

Then I realised that I need to retain the services of a lawyer - not a 'pro bono' as on this forum but pay for it. I was about to send a personal note to Massood asking for his help but decided in the larger interests of CD community to make it public - look at the way the question has been drafted.

Anyways that's the background. Following BL's note, really appreciate if you can leave this section for Massood to answer. In that way, you can see the wood from the trees (or is it the other round:) )

Thanks
Daks



Massood   
Member since: Dec 02
Posts: 1593
Location: Vancouver, BC, Canada

Post ID: #PID Posted on: 08-09-04 01:12:58

Hi Daks:

You can appeal the refusal in Federal Court. The technical appellation is Judicial Review of the Visa officer's refusal. You'll need a lawyer who can advise you on the strength and weaknesses of your case before you decide.


-----------------------------------------------------------------
Massood Joomratty, LLB(Hons), LLM

http://www.passportcanada.com" target="_blank">Your Canadian Immigration Lawyer

http://www.joomratty.com" rel="nofollow">LINK
+1-604-590-0607


Daks   
Member since: Mar 04
Posts: 157
Location: Toronto

Post ID: #PID Posted on: 08-09-04 09:25:56

Quote:
Orginally posted by Massood

Hi Daks:

You can appeal the refusal in Federal Court. The technical appellation is Judicial Review of the Visa officer's refusal. You'll need a lawyer who can advise you on the strength and weaknesses of your case before you decide.



Thank you very much Massood. I will give you a call soon to chart out the legal strategy.

Regards
Daks



Massood   
Member since: Dec 02
Posts: 1593
Location: Vancouver, BC, Canada

Post ID: #PID Posted on: 09-09-04 00:06:21

I like strategising ;)


-----------------------------------------------------------------
Massood Joomratty, LLB(Hons), LLM

http://www.passportcanada.com" target="_blank">Your Canadian Immigration Lawyer

http://www.joomratty.com" rel="nofollow">LINK
+1-604-590-0607


Kap   
Member since: May 04
Posts: 299
Location: Toronto

Post ID: #PID Posted on: 09-09-04 14:53:04

Dear Massood,

Could you please explain following :

" 10. My application was refused. What can I do about it?

Written reasons for the refusal are given to unsuccessful visa applicants. Once you are in possession of the written reasons, there are limited avenues for appeal. There is no formal appeal mechanism for visa refusals of visitor applicants. "


Above are FAQ on following link:

http://www.dfait-maeci.gc.ca/new-delhi/visitingcanada-en.asp#10


Your help in this matter would be greatly appreciated.

Thanks


-----------------------------------------------------------------
Kap




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