Senior members and other folks:
Got a situation here. One of my relative's (whom I helped to prepare application) Permanent Residence application is returned back by Sydney CIO, because application is incomplete (doesn't meet the requirements of section 10 of the IRPR).
The reason given for incompleteness of the application is that birth certificates of both applicant and his spouse were not submitted with the application. Following documents are requested by the Sydney CIO:
1) Affidavit for birth certificates, including birth date and name of parents.
2) IELTS test will expire soon, must have updated test score.
We had included following explanation with the application as a reason for not submitting the birth certificates:
"As per visa London office specific documents checklist, a birth certificate is normally acceptable if registration was made shortly after the birth. Birth certificates are not being provided as registration of the birth was not done shortly after the birth."
Above explanation is based on Section 2 "IDENTITY AND CIVIL STATUS DOCUMENTS" Page 4 of London Visa Office Specific Instructions (http://www.cic.gc.ca/english/pdf/kits/guides/E37023.pdf) (It also serves Pakistani applicants). It states that:
FOR APPLICANTS FROM PAKISTAN
• Original birth certificates for you and your spouse or common-law partner, with certified translations into English or French. A birth certificate is normally acceptable if registration was made shortly after the birth. The birth certificate must:
o bear the name of the person whose birth it records, and
o have been issued by an official responsible for the registration of births in the municipality or district in which the birth took place.
Although we will re-submit the whole application with the additional document(s) requested by the Sydney CIO, but we also want to contest that our previously submitted application was not incomplete based on the “London Visa Office Specific Instructions” to reserve a spot within 20,000 cap. In the instructions, there is no mention of providing affidavit in case birth certificate is not submitted.
I have following questions from you folks:
1) If my understanding of not submitting the birth certificates was correct or not based on above London Visa Office Specific Instructions?
2) In case if 20,000 cap limit is reached, can I contest CIO decision on the returned application along with the re-submission of application to reserve a spot within 20,000 cap?
3) I need to confirm if we need to provide two affidavits for the birth certificates. That is, one from principal applicant and one from spouse?
3) Should I re-submit the same application which was returned? It has the stamp and comments from CIO officer?
Thanks