Another unusual entry: medical file sent



Medical FilesToday’s surprise was two-fold.  It started simply enough – I decided to check the docket system and see if there was a new entry indicating that the “certified tribunal record” had been received by the Court, since yesterday was the deadline and my attorney indicated that he received a copy of the tribunal record.  His words were “there are no surprises here”.

However, I did not find the tribunal record notation.  Instead, what I found was a notation that said:

Copy OF APPLICANT’S MEDICAL FILE sent by [counsel name omitted] (COUNSEL FOR RESPONDENT) ON BEHALF OF CIC (OTTAWA) on 10-AUG-2012 pursuant to the order of the Court Received on 10-AUG-2012.

Once again, I find an unusual entry in the docket.  I’m uncertain what it means.  Oh, I also don’t see any indication that a copy of this order was logged by the Registry.  I likely won’t know the significance of this for a while – my attorney is gone on vacation until August 20th.  So I likely won’t hear anything about this until after his return, if even then.

I did go back and look through other medical inadmissibility files and, once again, I didn’t find anything equivalent in any of them.  If I take this at face value, someone in the Court is paying attention to this case – they looked through the tribunal record and did not find what they expected to see and thus ordered the government to produce it.  Since Ottawa is the regional medical centre, that this came from Ottawa makes sense as well.

Of course it is also possible that the Court requested my latest medical, not my original medical.  I really don’t know, since I didn’t see the order.  However, if I had to guess the Court just asked for my medical file – and if I were the government I’d send everything, not just the medical file that applies to this particular case.

One thing is certain: this case is not following the typical path.

Next deadline is the August 20, 2012 deadline for us to submit an additional affidavit, although my attorney indicated he did not see a reason to do so.

I shall strive to focus on enjoying summer here in Vancouver while I can and try not to worry too much about the case progress.




Judicial Review: Leave Granted

This afternoon I repeated my usual habit of checking the Federal Court Docket.  To be honest, I did it this morning as well, and there was no update.  This afternoon however, there was an update in the docket system (including information that my attorney acknowledged receipt, even though I haven’t heard a peep from his office.)

Of course, this now has me going back and thinking about all the issues I’ve previously mentioned: what will the impact of this becoming public information: how will it impact me and my family.

The hearing is scheduled 90 days from today (the maximum allowed by the rules here) so it will be 17 October 2012.  Ironically, I’m not 100% sure I will be able to attend the hearing, as I’m currently blocked for the same period for a trial in the US (in which I’m serving as an expert witness).  I’m working to find out now.

I will go to the local registry and order a copy of the actual order tomorrow (it’s too late today, as it was issued in Ottawa, and that means I had to get to the Registry by 1 pm here on the west coast.)  But it should just confirm what the online system says:

  • review granted, hearing date on October 17, 2012
  • tribunal (CIC NYC) record on or before August 9, 2012
  • applicant’s affidavits (that’s me) on or before August 20, 2012
  • respondent’s affidavits (CIC) on or before August 29, 2012
  • cross-examination on or before September 10, 2012
  • applicant’s further memorandum of law on or before September 18, 2012
  • respondent’s further memorandum of law on or before September 28, 2012
  • cross-examination transcripts on or before September 28, 2012

Of course, this also means I have to pay my attorney his supplemental fee (which, to be honest, cannot possibly cover the amount of time involved in this sort of case.  Either that, or I’m too used to working with expensive patent litigators!)

In addition, it is possible that some parties might be interested in participating as well (“intervening”).  This certainly isn’t guaranteed.  I expect I will learn more as the case proceeds.

Bottom line: this is good news.  My case will gain a hearing.

Operational Bulletin 425

OB 425

Announcement of the closure of the Buffalo, NY CIC processing office.

One thing that can make the immigration process frustrating for those living through it is that there is such a total lack of control.  The process has profound impact on one’s life and any bump or wrinkle in the process sends jolts of fear through those currently in the middle of the process.

For the past two months the processing time of applications at CPC-M (“Case Processing Centre Mississauga”) has been increasing about 1/2 week per elapsed week.  Thus, when we submitted the sponsored application (in early March) the estimated processing time was 55 days.  By May 14 (9 weeks later) the estimated processing time was 90 days (so an increase of 35 days in a period of 63 days.)  That number hasn’t been updated in two weeks.

Then the other shoe drops and suddenly the backup in Mississauga makes sense – CIC has decided to close Buffalo.  My suspicion (entirely random speculation since I’m just another leaf caught in the maelstrom here) is that this decision was made back in March as part of the new budget.  So the backup would be due to the shifting of processing to other centres – in this case, it seems that the permanent resident processing will be moving to New York City (who already denied me once, so I wasn’t too thrilled to see that change) or to Ottawa.

In the meantime, we sit and wait for the court to make a decision on my judicial review application.  Today marks six weeks since the Registry forwarded the file to the Court for a determination.  I’ve only seen one case in my own (random) study that’s taken this long and it was ultimately rejected.  I’m hoping to avoid the same fate.

Immigration will certainly teach you the meaning of patience – and of what it is like to put your life on hold for several years while the process winds along.  I suppose I should be grateful I’m not one of the pre-2008 people who have recently had their applications withdrawn and sent back to them.  CIC did refund the fees, but if I were one of those people I’d be furious – in at least some cases, their files were finally being considered.