Appeal Continued Two Years Finally Refused Now JR/Sponsor

[Onkar]

My appeal matter continued for 2 years and finally got refused last week. My lawyer is pushing me for judicial review at federal court. Almost the same thing happened with my maternal cousin. His lawyer submitted a spousal sponsorship again and it took a while but she got a visa. What should I do?

[Rajpal (Admin)]

If you have lost an appeal and there is no change in the facts, there would be a very little chance of getting a visa again. Pursuant to doctrine of Res Judicata, you would not get even a right of appeal. If there are any changes in the facts, the visa post can issue a visa to your wife. I would suggest that you go to your lawyer and consult with him in detail. If you do not want the services of your lawyer, clear your accounts with your lawyer and bring your file to us. The file should contain an appeal record sent to you by the minister’s counsel, submissions package submitted for ADR conference, defence package submitted at full hearing, and the decision on the appeal by a board member of Immigration Appeal Division. You can bring any other documents or information that you feel is a change in facts or can support your case.

[Onkar]

What at is Res Judicata, I did not understand?

[Rajpal (Admin)]

Here are the elements that bring in Res Judicata: The case is considered the same if the following facts are the same – identity in the thing at suit; identity of the cause at suit; identity of the parties to the action, identity in the designation of the parties involved; whether the judgment was final; whether the parties were given and full fair opporunity to be heard on the issue.