Appeal or challenge this Letter in Canadian Federal court while Ap. In Process

[Drooza]

Dear All
should i Appeal or challenge this Letter in Canadian Federal court while my application in In Process someone told me that you can not go to court until you have got refusal but your file is still in process you must contect with visa office but in other hand i have seen many people who got visa on 5 overall band then why not me?

my points

Education 22
exp. 21
age 10
AEO 10
Ielts 06 L 5 R 5 W 4.5 S 6 Overall band score 5
Adb. 09

total points 78

Dear Mr.

I am now completing the assessment of your application for a permanent resident visa. It appears that you may not meet the requirements for
immigration to Canada.

Section 82 of Canada's Immigration and Refugee Protection Regulations states concerning arranged employment:

"Ten points shall be awarded to a skilled worker for arranged employment in Canada in an occupation that is listed in Skill Type 0 Management
Occupations or Skill Level A or B of the National Occupational Classification matrix if they are able to perform and are likely to accept and carry out the
employment."

The occupation for which you have obtained an Arranged Employment Opinion (AEO) is that of Drafting Technologist/Draftsperson, identified in the
National Occupation Classification (NOC) by the code 2253. Among the duties and responsibilities identified by your prospective employer for the job
being offered to you are: "Develop and prepare engineering designs and drawings from preliminary concepts, develop and prepare design sketches,
complete documentation packages and produce drawing sets, check and verify design drawings to conform to specifications and design data, write technical reports, prepare contracts and tender documents, prepare construction specifications, costs and material estimates."

English is identified on the AEO as the required language of your prospective employment. You have provided an IELTS test report form which indicates that you have moderate proficiency in English speaking and reading, and basic proficiency in English listening and writing. The job being offered to you requires you to be able to develop designs and drawings from other information as well as to complete documentation packages, write reports, and prepare contracts and cost and material estimates. Where it appears reasonable to expect that clear communication and understanding would be
necessary for efficient business operations, the ability to communicate in English at only a basic or moderate level appears to be a serious impediment
to your being able to perform the duties of the job offered to you in Canada.

As it appears that you may not have the English language proficiency which would enable you to carry out the possible employment in Canada, you
consequently do not appear to satisfy the conditions in Regulation 82 for obtaining points in the factor of arranged employment.

Before I make a final decision, you may submit additional information relating to this assessment. You must provide any additional information
within sixty days from the date of this letter. If you choose not to respond with additional information I will make my decision based on the information
before me, which may result in the refusal of your application.

Sincerely,

EFL
Immigration Section/Service d'immigration
High Commission of Canada/Haut-commissariat du Canada
1 Grosvenor Square
London W1K 4AB/Londres W1K 4AB
United Kingdom/Royaume-Uni
Telephone/Telephone 0207 2586600
Facsimile/Telecopieur 0207 2586506
Government of Canada/Gouvernement du Canada

 

[visheshmalhotra13]

Best thing, go for IELTS again. Else your case is very weak

 

[Drooza]

i have done registration for ielts test on 25 sep 2010 but what was my point i am asking sometime visa officer told you that you have not sufficient points like 66 or 65 and sometime you come with 69 72 or 78 points then they said this points not sufficient indicator of point what does its mean? why canadian immigration system they should fix ielts band say 6.5 overall or 7 or 5.5 whatever imagine if someone have very good degree and very good ielts score like 8 8.5 or more and he is not able to score points then way cic refused him meanwhile he hasgood education and exp. and ielts i don't understand the way of cic i am Drafting technologist my job not to teach english in canadian school, i have see one girl she go immigration on same 5 overall band score then why not me i will give ielts again but i am not happy with immigration system.i need help

 

[shibleebd]

hi DROOZA

no system in the world is fair for everyone-----as these systems r not made by God, it's made by us/ human beings----that's why every system in the world lacks fairness & judgement to some extent. And (in my opinion) Canadian Immigration System is one of the flawed & unfair systems.

but nothing can be changed as we (the applicants) don't have the right & power to do this. Instead all we can do is to follow the rules set by CIC & make sure that we do not give them any excuse to state the frequently used armour by every single visa officer/ visa office in the world: ''Every individual case is different''.
so, my advice is that u take the best ever preparation (make this the best exam preparation u have ever taken in ur life for any exam) for IELTS---sit ur exam & score 7.5/8 points in every band (by looking & reading ur English, i think u have the capability to do so). if u can do that (& u know it already) u will get the visa.

what will happen if u don't get a high score in IELTS? yes, u can appeal against it (i think the time limit is 30 days) or u can take CIC to court----but how long u have to wait for the decision? may be at least 6 motnhs or it may be even 1 year (also, consider the money u might have to spend). my suggestion is if u know the member/ person who got the visa with low IELTS score, ask him/her for the full details of his/her application (if u wanna use that case as a yardstick), make sure that he/she also applied with an AEO---and then proceed with the appeal/ court.

but my suggestion is (once again) go for ur best shot ever for IELTS---then u don't have to go through the rocky road of appeal/ court case as it sounds like the visa officer is determined to reject ur case until & unless u have a high IELTS score.

good luck with ur IELTS & always good luck with ur application......

i have done registration for ielts test on 25 sep 2010 but what was my point i am asking sometime visa officer told you that you have not sufficient points like 66 or 65 and sometime you come with 69 72 or 78 points then they said this points not sufficient indicator of point what does its mean? why canadian immigration system they should fix ielts band say 6.5 overall or 7 or 5.5 whatever imagine if someone have very good degree and very good ielts score like 8 8.5 or more and he is not able to score points then way cic refused him meanwhile he hasgood education and exp. and ielts i don't understand the way of cic i am Drafting technologist my job not to teach english in canadian school, i have see one girl she go immigration on same 5 overall band score then why not me i will give ielts again but i am not happy with immigration system.i need help

 

[saki]

Hi Buddy,

Instead of appealing or going to court wont help you much on your case and it will just take alot of your time. The best thing is too study hard for the IELTS and score more than what you did last time. Even if you appeal it there is nothing wrong with the visa officer objection, we have seen in the past that they are rejecting the applications on the basis of language proficiency and the point he made is very strong even if you go to the court there is a less chance that you can over turn the decision and at the moment your case is still in process so you cant appeal it now, once your decision is made then you can appeal it, so for now go hard on IELTS and get good results.

Good Luck

Cheers
Saki

 

[jadwig]

U have been given good advice here. Make sure you clear your IELTS because your appeal may fail and you'll then loose a lot of money. Check this case:

decisions.fct-cf.gc.ca/en/2008/2008fc419/2008fc419.html

Cheers.

 

[Coffee]

I join other respondents and suggest this link, it proved to be helpful for me.

http://www.dcielts.com/

Good luck!

 

[yukon]

Hi Buddy,

Instead of appealing or going to court wont help you much on your case and it will just take alot of your time. The best thing is too study hard for the IELTS and score more than what you did last time. Even if you appeal it there is nothing wrong with the visa officer objection, we have seen in the past that they are rejecting the applications on the basis of language proficiency and the point he made is very strong even if you go to the court there is a less chance that you can over turn the decision and at the moment your case is still in process so you cant appeal it now, once your decision is made then you can appeal it, so for now go hard on IELTS and get good results.

Good Luck

Cheers
Saki

Well said & explained !!
It's a lost battle if you go to court.

 

[belize]

i am sorry to say but VISA OFFICER is right your english is so weak and your job offer seems to be lots of english launguage invole i think officer is right you lucky they give you chance to do ielts again and do it and get good marks and get your PR. good luck.

 

[visheshmalhotra13]

I strongly agree with all the comments posted above. Try your best and go for it.

 

[anata]

just want to share this to you guys:

Probably, this is the reason why they're more strict on the eilts scores..

cic. gc. ca /english/department/media/backgrounders/2010/2010-06-26a .asp
(just remove the spaces)

 

[canada121]

Dear Drooza,

I rather think that you got a very strong case. Its just a matter of a good score in IELTS and you r through

My suggestions:
1. You say you have good qualifications that prove ur English (and that IELTS is not the real indicator for ur Eng. proficiency)
If thats the case, write a good covering letter with proof of what you claim

2. Still take IELTS: this will show ur seriousness towards clearing VO's doubt (coz thats the only way these days as far as English is concerned, even for people born in UK!!!)

(Also,, you may even NOT use the option 1. Option 2 will be more than sufficient)
Good Luck!!