Cappuccino said:
Do those people failing their eligibility review at visa office get a full refund? If they don't get a refund then this IMO is extortion on the part of CIC - "Yes, you're eligible -> Keep all the money -> Oh actually we've decided you're not eligible after all but we're keeping all the money anyway". NO WAY should they be allowed to get away with that.
Pretty sure a refund will happen since an application is not considered in processing until it has passed its eligibility review.
For anyone who fails at the visa office I would be very tempted to mail them - saying that why did CIO say it was a "final" eligibility review if visa office can still fail you. Why were CIO lying?
Wayne.
Pretty strong words, but very true. It looks like applicants rejected at VO, in what seems to be a second eligibility check after the "final" one done at CIO, will not be getting their money back according to guidelines written in OP6 page 12, below. CIC may find itself in hot legal waters over this in my opinion.
"5.4. Fees
Applicants are required to pay two fees:
the cost recovery fee;
the right of permanent residence fee (RPRF).
Cost recovery fee
R295 specifies who must pay the cost-recovery fees and the fees for processing an application for
a permanent resident visa. The cost recovery fee is payable at the time the application is made to
the CIO.
The cost recovery fee must be paid only for persons who intend to immigrate to Canada. This
includes the principal applicant and any accompanying family members.
An applicant may withdraw an application and receive a refund of the cost recovery fee any time
before processing of the application begins at a visa office or at the CIO. This rule also applies to
applications that are not eligible for processing according to the Ministerial Instructions.
Once
processing has begun at a visa office or at the CIO, the cost recovery fee is not refundable."
