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The Federal Court process is as follows: There are sixty (60) days from the date of the reception of the refusal letter within which to commence the process. This is the "application for leave and for judicial review". Written reasons need to be received from the Respondent (the visa office). It can take a few weeks for the written reasons to arrive. After the written reasons arrive, the Applicant has 30 days from the receipt of the written reasons to provide both Affidavit evidence and written argumentation to the Court. Typically, the Affidavit is created within two weeks of the reception of the written decision, and received by the lawyer in pdf. The original is sent to the lawyer by regular mail for storage in the lawyer's file; the original Affidavit does not have to be received by the lawyer within the 30 day period. Then, the Respondent (the visa office) has 30 days from to provide their Affidavit evidence and their written argumentation to the Court. After the Respondent has provided their Affidavit evidence and their written argumentation to the Court, the Court decides whether or not to hear the case. The Court can take a few weeks or a few months to make this decision. If the Court does not grant leave, there is no additional cost to you because in immigration matters, in cases like yours, there are no ‘court costs’ to be paid, and the matter ends there. A copy of the judgment will be sent to you by e-mail. If the Court decides to hear the case, the Court "grants leave", and the matter is set for hearing, usually within the following four to six months. The Court will order the Respondent to submit a copy of the entire file to the Applicant and to the Court. The parties may then submit new affidavits, and the parties may be examined under oath based on their Affidavit. The parties may also submit additional written argument, which at my sole discretion, I may decide to do, depending what is disclosed by the Respondent in evidence and argument.

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