application refused for not responding to embassy's request via email

[bhattiss]

Hello everyone,

My question is perhaps little different from yours. But seeing all your motivated and expert advises to each other, I really feel you can give important suggestions for my case.

I am 2003 New delhi applicant for skilled worker category. Recently I have received a letter from CHC saying that "your application has been refused because you didn't respond to our request for documents for which we had emailed you in may 2008". Now I never got any such email, besides the embassy already has the documents they wanted (ielts, police clearance, documents from canadian relative etc.). I also had been checking the online e-client status, and it never showed any updates. I had since last year sent them letters asking for an update on my application, after I got their refusal letter I have sent numerous faxes, explaining that I never got their email request for documents, to re-consider my case.

Please advise me, I pass the minimum mark of 67. Some people have advised to consider putting up a case in court, but these things take time, and after waiting for 6 years, who can get through such hassle.

They haven't replied for my request for an appointment with CHC, so I may explain them my situation. What to I do? How can I even talk to the chief officers in CHC?

Any advise from the expert people of this group is welcome, accept my thanks.

Regards to all.

 

[helpmeimmigrate]

HI BUDDY,

I AM SO SORRY TO HEAR THIS. I KNOW THESE CIC GUYS HAVE CROOKED WAYS AND JUST TO GET THEIR BURDEN OFF FROM THE OLD APPLICATIONS THEY SEND THESE LETTERS.

WE HAVE RECEIVED SO MANY LETTERS FROM CIC FOR OUR CLIENTS BUT DO NOT WORRY AND DO NOT THINK ABOUT PUTTING A CASE, YOU CANNOT DO THAT UNLESS YOU HAVE AGOOD CANADIAN LAWYER. AND MOREOVER EVEN IF YOU FIND ONE IT WILL TAKE TIME.

INSTEAD, YOU SHOULD FIRST ATTEMPT TO CLEAR THINGS ON YOUR OWN BY WRITING A LETTER ASKING FOR EXPLAINATION.
AFTER YOU PROVIDE THE LETTER THEY MAY DECIDE TO REOPEN YOUR FILE.
BUT YOU HAVE TO HURRY, BE QUICK, IF YOU TAKE MORE TIME THEY WILL GET SUSPICIOUS OF WHY YOU RESPONDING LATE AND MAYBE YOUR ARE JUST TRYING TO BUY TIME.
IF YOU CHANGED YOUR ADDRESS AND IF THAT IS THE REASON FOR YOU NOT RECEIVING THE LETTER, ITS YOUR FAULT IF YOU DID NOT ADVISE THEM OF THE CHANGED MAILING ADDRESS.
IF THIS IS NOT THE CASE, THEN HURRY UP AND SEND THE EXPLAINATION AND DONT SEND ANY DOCUMENTS YET BEFORE THEY ASK.

 

[bhattiss]

Your help is really appreciated. I thank you for your reply and brilliant advise.

Just to clear some things up..

they had sent an email, (which we didn't receive), nevertheless, we still checked our old addresses and had regular contact with our old tenant in case they sent postal letters.
We have sent them faxes and registered letters, "saying that email is not the only means of communication, neither is it safe. If we have spent processing fee, we do expect to receive communication via proper registered mail". But to date we haven't received any letter from embassy.

I am not sure of how putting cases work. but are indian lawyers not permitted to fight the case? On some other forum, another person advised that CHC will never reply back my faxes/letters for re-opening the case or even giving me an appointment for explaining my case. has it been possible among your clients, that CHC re-opened their case?

THank you once again, and I hope you will be able to get this reply.

Regards

 

[helpmeimmigrate]

Hey,

Does the letter say that they sent you an email rather than mail. if yes , you could easily say that you did not receive an email and as far as my experience says cic will not email the request for documents they will always mail it to have a copy on record.
Unless, I am guessing that may be they sent you mails on your old address but since you did not respond, they emailed you and you did not check that or it may have gone to the junk.
BUt the question is when you moved, did you provide your new address to CIC because this is the first question they will put up.
If you did not then you will have to try really hard because they can come up with the written material and say you did not respond to the mails so thats why they had to send an email

Secondly, the jurisdiction of cases filed against CIC is not India but Canada, so the case will be filed in Canada and only a Canadian bar lawyer can fight the case for you, but do you want to do that, instead you can hire an immigration lawyer and explain them your situation, you may be able to retain them and they will represent you in your case from there on. I can get you the address for a good immigration lawyer in Vancouver, but try to do it yourself first, only if they dont agree you can hire an immigration lawyer. I am not sure if the lawyer will take your case though because it really tough.
I work for an immigration consultancy and we do send letters to cic explaining clien'ts situations or extensions, but your case is different and will be better handled by a lawyer.

GUd luck

 

[PMM]

Hi

Hey,

Does the letter say that they sent you an email rather than mail. if yes , you could easily say that you did not receive an email and as far as my experience says cic will not email the request for documents they will always mail it to have a copy on record.
Unless, I am guessing that may be they sent you mails on your old address but since you did not respond, they emailed you and you did not check that or it may have gone to the junk.
BUt the question is when you moved, did you provide your new address to CIC because this is the first question they will put up.
If you did not then you will have to try really hard because they can come up with the written material and say you did not respond to the mails so thats why they had to send an email

Secondly, the jurisdiction of cases filed against CIC is not India but Canada, so the case will be filed in Canada and only a Canadian bar lawyer can fight the case for you, but do you want to do that, instead you can hire an immigration lawyer and explain them your situation, you may be able to retain them and they will represent you in your case from there on. I can get you the address for a good immigration lawyer in Vancouver, but try to do it yourself first, only if they dont agree you can hire an immigration lawyer. I am not sure if the lawyer will take your case though because it really tough.
I work for an immigration consultancy and we do send letters to cic explaining clien'ts situations or extensions, but your case is different and will be better handled by a lawyer.

GUd luck

If you check off the box 17 on the IMM008 with your email you have consented to have the information forwarded to there. I would think the CHC has proof that the email was sent.

By the way you probably shouldn't advertise other law firms on this site.

PMM

 

[bhattiss]

The very day we moved, I sent a registered letter to embassy for change of address & phone number. The change was also up on CIC website by 2004. Nevertheless, we checked our old address for any letters as well.

Yes, their recent letter specifically said, that they had sent an email in may 2008.

So, who are immigration lawyers ? are these agents or immigration firms based in India ? or like you said, nobody from india can file a case.

You are right, case filling shouldn't be our concern. But the very fact that a month has passed and I have been sending them letters and faxes, and haven't got ANY reply gives me frustration. As you are experienced with sending and receiving chc correspondences, does the embassy reply regarding such matters ?

Thanks once again

 

[faye]

Hello everyone,

My question is perhaps little different from yours. But seeing all your motivated and expert advises to each other, I really feel you can give important suggestions for my case.

I am 2003 New delhi applicant for skilled worker category. Recently I have received a letter from CHC saying that "your application has been refused because you didn't respond to our request for documents for which we had emailed you in may 2008". Now I never got any such email, besides the embassy already has the documents they wanted (ielts, police clearance, documents from canadian relative etc.). I also had been checking the online e-client status, and it never showed any updates. I had since last year sent them letters asking for an update on my application, after I got their refusal letter I have sent numerous faxes, explaining that I never got their email request for documents, to re-consider my case.

Please advise me, I pass the minimum mark of 67. Some people have advised to consider putting up a case in court, but these things take time, and after waiting for 6 years, who can get through such hassle.

They haven't replied for my request for an appointment with CHC, so I may explain them my situation. What to I do? How can I even talk to the chief officers in CHC?

Any advise from the expert people of this group is welcome, accept my thanks.

Regards to all.

My case is very similar to yours, infact even the dates are almost similar. My husband had applied in early 2003 and and he too has experienced the same thing, we have not been receiving letters from them. After repeatedly sending them emails asking them about the decision, he received an email today, saying that his application was rejected since we did not send the required documents which had to reach them by May 08.

I wanted to know if you have tried mailing them or tried re-opening your case. Have you had any success, we would like to try re opening our case too. I would be obliged if you could help us with any information what so ever. Advice from anyone with knowledge about the same is welcome

Thank you