Abudhabi visa office gather here please

[aspirant256]

Sorry, meant * not notified

if someone doesn't get gcms notes then its a refusal? how you deduced this outcome?

 

[A-Z]

If you were not notified about the status of your GCMS in the first 30 days then your file is considered as deemed refusal, yes you should be contacting about the status right away

In my GCMS notes, there's nothing mentioned about Eligibility. Could you please let me know your viewpoint on this?

 

[Cmu]

Has Abu Dhabi started issuing visas to fall 2021 intake ?

 

[MELBINJOSE]

any updates fro m AUH

 

[DKShu]

Has Abu Dhabi started issuing visas to fall 2021 intake ?

Fall 2020 intake still waiting :/

 

[caipsnotes]

In my GCMS notes, there's nothing mentioned about Eligibility. Could you please let me know your viewpoint on this?

That's odd, nothing at all under the Assessment section on page 2 of the GCMS either?

 

[caipsnotes]

if someone doesn't get gcms notes then its a refusal? how you deduced this outcome?

Looks like topics may have crossed paths here.
1. Gcms Notes has nothing to do with the pace of processing or the outcome of a visa application.
2. Not receiving Gcms Notes in the legislated timeframe, including time extensions, is called Deemed refusal per the ATIP Act

7.5 Deemed refusal
Subsection 10(3) of the Access to InformationAct states that when a government institution fails to give access to a record or a part thereof within the time limits set out in the Act (30 calendar days or the length of time taken under an extension), the institution is deemed to have refused access. This situation is commonly referred to as a deemed refusal.

To clarify further, if no extension has been taken under section 9 of the Access to InformationAct and a response was not given, an institution is deemed to have refused access on the 31st day after a request was received (unless it falls on a weekend or a holiday). If an extension was taken, an institution is deemed to have refused access if it did not respond by the end of the extended deadline.

In such cases, the requester and the Information Commissioner are placed in the same position as if there had been a refusal within the meaning of section 7 and subsection 10(1) of the Access to InformationAct. The requester may then file a complaint with the Information Commissioner about the refusal of access. In addition, the Information Commissioner may initiate a complaint and notify the head of the institution.

The potential consequences of a deemed refusal were reviewed by the Federal Court of Appeal in the decision Canada (Information Commissioner) v. Canada (Minister of National Defence), Docket A-785-96. The Court found that the Information Commissioner may use his power of subpoena to require an institution to respond to a request by a date set by the Commissioner. Specifically, the Court found that once a request is deemed to have been refused, the Commissioner has the power to compel the head of the institution (or delegate) to specify the exemptions used to justify refusal of the record and to defend the applicability of those exemptions. The Court stated as follows:

In the instant case, as soon as the institution failed to comply with the time limit, the Commissioner could have initiated his investigation as if there had been a true refusal. He does have powers to investigate, including, at the beginning of an investigation, the power to compel the institution to explain the reasons for its refusal.

In the decision Statham v. Canadian Broadcasting Corporation, 2010 FCA 315, the Federal Court of Appeal confirmed that there is no distinction between a true refusal and a deemed refusal.

In the decision Information Commissioner of Canada v. Canada (Minister of National Defence) 2015 FCA 576, the Federal Court of Appeal stated that the validity of an extension of time to respond to an access to information request may be judicially reviewed as a deemed refusal of access.

 

[A-Z]

That's odd, nothing at all under the Assessment section on page 2 of the GCMS either?

Nothing at all...its plain blank

 

[rohail256]

Nothing at all...its plain blank

They actually remove it, don’t know why, happened same with mine GCMS notes but I somehow manage to read it because it wasn’t removed properly on one page, it was” recommended interview “

 

[Shaild]

Looks like topics may have crossed paths here.
1. Gcms Notes has nothing to do with the pace of processing or the outcome of a visa application.
2. Not receiving Gcms Notes in the legislated timeframe, including time extensions, is called Deemed refusal per the ATIP Act

7.5 Deemed refusal
Subsection 10(3) of the Access to InformationAct states that when a government institution fails to give access to a record or a part thereof within the time limits set out in the Act (30 calendar days or the length of time taken under an extension), the institution is deemed to have refused access. This situation is commonly referred to as a deemed refusal.

To clarify further, if no extension has been taken under section 9 of the Access to InformationAct and a response was not given, an institution is deemed to have refused access on the 31st day after a request was received (unless it falls on a weekend or a holiday). If an extension was taken, an institution is deemed to have refused access if it did not respond by the end of the extended deadline.

In such cases, the requester and the Information Commissioner are placed in the same position as if there had been a refusal within the meaning of section 7 and subsection 10(1) of the Access to InformationAct. The requester may then file a complaint with the Information Commissioner about the refusal of access. In addition, the Information Commissioner may initiate a complaint and notify the head of the institution.

The potential consequences of a deemed refusal were reviewed by the Federal Court of Appeal in the decision Canada (Information Commissioner) v. Canada (Minister of National Defence), Docket A-785-96. The Court found that the Information Commissioner may use his power of subpoena to require an institution to respond to a request by a date set by the Commissioner. Specifically, the Court found that once a request is deemed to have been refused, the Commissioner has the power to compel the head of the institution (or delegate) to specify the exemptions used to justify refusal of the record and to defend the applicability of those exemptions. The Court stated as follows:


In the decision Statham v. Canadian Broadcasting Corporation, 2010 FCA 315, the Federal Court of Appeal confirmed that there is no distinction between a true refusal and a deemed refusal.

In the decision Information Commissioner of Canada v. Canada (Minister of National Defence) 2015 FCA 576, the Federal Court of Appeal stated that the validity of an extension of time to respond to an access to information request may be judicially reviewed as a deemed refusal of access.

So from what I gather, it is not deemed refusal of the 'SP application' but rather the access to the information requested for whatever reason ?

 

[Cmu]

So from what I gather, it is not deemed refusal of the 'SP application' but rather the access to the information requested for whatever reason ?

@Shaild ,my application is under review since one month. What are your thoughts about time line and potential decision please ?

 

[Shaild]

@Shaild ,my application is under review since one month. What are your thoughts about time line and potential decision please ?

With any other office we could have concluded that it may be positive considering the time taken. usually refusals follow very quickly after the review starts. But when we talk about AUH office, there is no trend. It can go both ways. They are highly unpredictable at this point.

 

[Cmu]

@Shaild ,my application is under review since one month. What are your thoughts about time line and potential decision please ?

Abu Dhabi processing time is reduced to 9 weeks now.

 

[Cmu]

With any other office we could have concluded that it may be positive considering the time taken. usually refusals follow very quickly after the review starts. But when we talk about AUH office, there is no trend. It can go both ways. They are highly unpredictable at this point.

In case of seconday visa office like Vienna, which office make the decision , Vienna or Abu Dhabi?

 

[Shaild]

In case of seconday visa office like Vienna, which office make the decision , Vienna or Abu Dhabi?

DEcision would always come from AUH office. Vienna would only help with all the paper work.