 Everybody and welcome to our channel today. I'm making a video about HNC refusals And what the options are when you have a refusal particularly going to federal court and filing a judicial review So when you receive a refusal of your agency application, it could be quite a stressful moment Because you invest a lot of time and energy either you did it yourself or you hired a lawyer Included hopefully a lot of strong supporting documentation and you prepared your story and you receive this refusal letter Often what happens is the refusal letter is a boilerplate standard refusal letter Which means that it's standard. It says that it's been refused. It has the same content As a lot of other refusals It doesn't actually go into the details of your story the documents that you provided and your file in your case In some cases the officer will give you Upfront upon a refusal the actual reason. So for example will be a few pages either one page two page Or sometimes it's very very long and it explains. I looked at this evidence I looked at that and I don't consider that you will suffer hardship or that you have enough establishment When you receive the standard boilerplate refusal letter It's important to send the letter to the office that's rendered that decision and ask for the actual reasons for a refusal The letter that you receive it's if it's a boilerplate standard refusal letter. That's not the actual refusal Reasons there are always refusal reasons in some rare cases. There might not actually be I've seen some files Where we requested the reasons we went to court or we did an a tip request to get a copy of the file And there was actually no reasons and those cases we can actually very easily When in court because the law states that an officer has to provide Actual reasons for refusal. So if you do get a standard letter You should send a web form or a letter or a FedEx or all three actually And just to be sure that you get a response to get the reasons for refusal If you see that that's not working what we do typically is we ask a couple of times And if that doesn't work, then we do what's called the IRCC a tip request online Which will provide us a copy of the full file and we specify that we want the officers notes for refusal Now when a tip is supposed to take typically 30 days between less than 30 days But in some cases it could be many months So sometimes you're in this weird situation where you need to know the reasons for refusal to see if you're gonna Go to court or reapply but you don't have them. So it could be a little bit tricky I recommend speaking to a lawyer in this case to make sure that you have the best advice on how to proceed because often Law experts will know how to navigate the system to be able to get the reasons for you. So Let's say you do have the reasons Now from the date that you receive the refusal letter You have 15 days to file what's called an application for leave and for judicial review at the federal court now when you file it if you haven't received the reasons you have Us lawyers indicate in the application That the reasons were not received and we will get them later on and that could have some impact on the deadlines to file a further documentation Now it's not every Agency refusal that has to go to federal court or that should go to federal court This is very important to know because we get a lot of clients who consult with us Of course, it's very emotional. It's very stressful. They come and see us and they say I have a refusal I want to go to federal court We say, okay, wait, hold on a second. Let's first look at The aspects of your file. First of all, what did you file? What did you include? Was it complete? And what are the reasons for refusal if if you didn't submit adequate information if there was errors and mistakes and inconsistencies Um, and the refusal letter addresses that then we might not recommend to go to federal court So this is really an exercise by the lawyer to look at what you filed Look at the case law look at the reasons for refusal and make an assessment a judgment call based on Experience that we have going to court and in reading case law to see. Okay. What are the chances of success here? has there been an Has an injustice been done is is the reason is a decision unreasonable? Is there an error of fact or of law? Is there something that the officer should have considered for example best interest of the children Efforts made to to settle in canada. Have you been in canada for two years or have you been in canada for 15 years? Have you been working and speaking french and english and making friends and having a network or have you been here maybe A year or a few months and you're 22 years old and and maybe you came to study and you stayed longer Um, but now is it does you really deserve to to be approved under an agency? So We look at all of these factors Through a global lens and we try to make a judgment call and and we provide you With our recommendation to say okay. You know what in this situation? I think that you have a good case There was a mistake that was done You did a very good file either you or the lawyer that represented you or if it's one of our clients If we prepared a very strong application and we see that the reasons don't make sense Then we will ask we will suggest to our clients to go to federal court So if we decide to go to federal court We need to file an application for leave and judicial review in a very specific timeline And after that we have a certain amount of days that we need to file What's called the application record which will include arguments case law and all of the documentation that you submitted Following that the Department of Justice, which is which are the lawyers that represent immigration Canada Will respond with their arguments Following that the entire file will go in front of a federal court judge Who will decide whether leave is approved or not leave means permission to go to court? If we do get leave approved, we will get a date for a hearing Well, where the lawyers will appear in order to argue the case So if I'm your lawyer, I would go to federal court and I will argue the case Against the Department of Justice who represents immigration and at the end the federal court judge will make a decision In some cases. Well in most cases actually the decision will come later on In a written decision If we look at your refusal reasons and we see that It's a good decision. The officer actually looked at all the evidence gave you You know, if there were certain issues gave you enough time to address these concerns considered your story in totality and and The reason makes sense Then we might decide not to go to federal court and in that case depending on again your situation right now We might suggest to maybe reapply for humanitarian compassionate grounds with stronger and better Documentation in some other cases, you know, sometimes I tell clients well, actually, I don't think you should reapply I think you will lose over and over again Because the situation so we we try our office We don't try but we're very honest in the way that we present the options to the clients We don't want to give false hope So we'll explain the whole situation to you and you'll be the one who will make the final decision So it's important when you get a decision to try to consult with the lawyer as soon as possible because deadlines For an agency the decision because they're in canada the deadline to file to federal court is 15 days In some exception if you don't for example, if your decision is dated September 1st, but you get the decision in your hand september 29 The the the date to file at federal court will run from the date that you receive it in your hands But that could be a little bit tricky depending on how you received it and can you prove when you receive it? So Essentially as soon as you receive the decision, you should know what your rights are to to make sure that you do the right thing Like I said earlier, it's important not to just go to federal court Just to go to federal court just to gain more time We have a lot of clients that come and sees us and they say well, I don't want to get deported I don't want cbsa to to to send me away. I don't want the enforcement process to start Can you just file a file federal court just so I can gain more time? We don't do that at our office We don't recommend to do that. Um, we will look at the decision We will look at what you filed and we will see if there's actually A good case to go to court going to court is is a serious issue Uh, federal court is one of the highest courts in canada and and we we don't take that lightly So we will make a legal assessment of your case and explain to you if we go to federal court Or we suggest that you reapply or you don't in some cases. We might even tell you and I've done this many times where For example, we had a family many years ago. They were from, um A very difficult situation in their home country and they had lived in canada for so many years And they had children and we actually had to file Four h and c application and in those four, I believe two or three of them. We had to go to federal court But it kept being denied the agency kept being denied, but ultimately the fourth h and c Finally got approved. So sometimes we actually Decide to go to federal court and we reapply at the same time because we know That the case is extremely strong and we won't stop fighting until the end But this is this is a very very exceptional case in our office Most of the h and c applications that we take we do win them Actually, although it's a very very exceptional category because we really take on Cases that we believe are are very strong and because we know Um what we have to do I'm going to wait for this to pass Because we know Because we go to the federal court and we do litigation We know exactly uh, how we need to prepare our prepare our applications. So, uh, our applications are extremely strong They're well prepared. They're very complete. Uh, and because of this, uh, we often get approvals And if we prepare this application and yes, sometimes you do get refusal. It happens Um, then typically we will go to federal court and try to to win those cases. So Final thoughts when you do get From the beginning the most important thing is actually to well prepare your h and c application If you do get a refusal, uh, make sure you ask for the reasons for refusal Make sure you speak to a lawyer as soon as possible Uh, and make sure you make the right decision, uh, whether you want to reapply Or go to federal court court or maybe you don't reapply and you look at other options that may be available for you If at that point you have other options available for you in canada If you have any questions if you've received an h and c refusal or if you're filing an h and c refusal Uh, an h and c application. We have uh, we have other videos on that. Feel free to uh, look at our videos We have a lot of blog posts on our website about these topics as well And if you wanted to consult with us, don't hesitate to contact us. Thank you You