Can I appeal CIC refusal decision

[philus]

Hi Everyone,

Wondering if I can appeal CIC refusal decision (despite the decision letter saying the decision is final).

 

[DelPiero07]

Depends on the reason for the refusal.

 

[k.h.p.]

What was the grounds for refusal and in what program? Do you have the refusal letter you can copy/paste here?

Appeals are very expensive and typically require the services of a lawyer. Are you willing to invest that much into an appeal?

 

[philus]

Thanks all!

Your efforts to listen to others and take some time to write are commendable!

@k.h.p. If the result will be positive , I can consider investing given that this is my second attempt (my first application was returned).

Reasons:
.....(1) I am not satisfied that you possess the foreign work experience because the duties listed on your letter of
employment from xxx does not match the duties listed on the National Occupational
Classification site.

(2) The letter of employment provided from xxx does not include
any details regarding the duties associated with your position, Case Handler (NOC: 1114).

(3) I am not satisfied that you were employed for the period indicated in your Express Entry profile.

(4) In addition, I am not satisfied that you have performed the actions described in the lead statement for the
occupation(s) as set out in the occupational description of the NOC [R87.1(2)(b)]. As well, I am not
satisfied that you have performed a substantial number of the main duties, including all the essential
duties, of the occupation(s) as set out in the occupational description of the NOC [R87.1(2)(c)]. ..."


More context:
- I have been living and working in Canada since 2014 (on a work permit till 2021)

- Regarding the first refusal statement that I believe my duties match with the NOC title - only that the wordings are different such that it may be difficult to align it with the sample statements on NOC site.

- Regarding the 2nd claim that letter of employment provided from xxx does not include any details...., this has been a concern for me too as my employer categorically said they don't write job description on employment letter. I wrote a letter to this effect (with my application) advising CIC to contact my employer as they do not provide job details, and also mentioned a colleague who happened to work in the same company same time with me, whose application was approved.


- I was employed for the periods recorded. I would perhaps say this decision was subjective and wrong.

Thanks!

 

[k.h.p.]

I do not believe that this decision is appealable to the IAD as it is not one of the enumerated grounds for appeal. You may only be able to apply for judicial review to the Federal Court.

You should really consult a lawyer. I'm not a lawyer. Regarding the duties and the NOC title - if the duties are written up in a way that is so different from the NOC site to make it hard to interpret them, then your duties are probably not the same. The standard of review of a decision maker at the Federal Court is not a correctness standard - the court won't assess whether or not the officer was correct in making her decision - but whether or not it was reasonable based on the facts before her. Unless you can prove a grave miscarriage of justice, the decision will not be overturned.

Decisions are subjective in visa applications, and they are made based on the evidence before the decision maker. A judicial review will only assess if the decision was reasonable based on the facts before the decision maker.

A judicial review will also take years. It would be much easier and more affordable for you to have your employer re-write the job letters to reflect your duties better, and update your documented work history.

But you should really hire a lawyer. I cannot give you legal advice.

 

[philus]

@k.h.p. Thanks for this very vital insights.

 

[jessicakhanna]

Good afternoon Everyone,
i received a refusal on my Express Entry PR request on account of missing document .
- police certificate for Tunisia
I initially was late in submitting the document but did so twice again on request from CIC. During my last submission , I even attached a note stating I had submitted it before and if anything was missing in the document itself. I have made all payments and was hoping to receive the final invite this month. Can i challenge the decision? if yes how?

 

[sab2020]

Thanks all!

Your efforts to listen to others and take some time to write are commendable!

@k.h.p. If the result will be positive , I can consider investing given that this is my second attempt (my first application was returned).

Reasons:
.....(1) I am not satisfied that you possess the foreign work experience because the duties listed on your letter of
employment from xxx does not match the duties listed on the National Occupational
Classification site.

(2) The letter of employment provided from xxx does not include
any details regarding the duties associated with your position, Case Handler (NOC: 1114).

(3) I am not satisfied that you were employed for the period indicated in your Express Entry profile.

(4) In addition, I am not satisfied that you have performed the actions described in the lead statement for the
occupation(s) as set out in the occupational description of the NOC [R87.1(2)(b)]. As well, I am not
satisfied that you have performed a substantial number of the main duties, including all the essential
duties, of the occupation(s) as set out in the occupational description of the NOC [R87.1(2)(c)]. ..."


More context:
- I have been living and working in Canada since 2014 (on a work permit till 2021)

- Regarding the first refusal statement that I believe my duties match with the NOC title - only that the wordings are different such that it may be difficult to align it with the sample statements on NOC site.

- Regarding the 2nd claim that letter of employment provided from xxx does not include any details...., this has been a concern for me too as my employer categorically said they don't write job description on employment letter. I wrote a letter to this effect (with my application) advising CIC to contact my employer as they do not provide job details, and also mentioned a colleague who happened to work in the same company same time with me, whose application was approved.


- I was employed for the periods recorded. I would perhaps say this decision was subjective and wrong.

Thanks!

Hi Philus
I’m exactly on the same boat , I’ve lived in Canada for 7 years student and worked and my Pr application is refused because of my employment letter!!!
What happened? Did you manage to get approval? Did you get a lawyer?
Any guidance advise? I’m really hopeless
Hope you did great and your situation is all sorted out

 

[kuskus]

Good afternoon Everyone,
i received a refusal on my Express Entry PR request on account of missing document .
- police certificate for Tunisia
I initially was late in submitting the document but did so twice again on request from CIC. During my last submission , I even attached a note stating I had submitted it before and if anything was missing in the document itself. I have made all payments and was hoping to receive the final invite this month. Can i challenge the decision? if yes how?

You should definitely appeal directly to the Visa Office for reconsideration. We were denied twice for not responding to documents requests. On both occasions, the application was reopened. All we did was send them e-mail proofs that we responded to those requests; they went back and checked their records and saw the response. Even in the case that they couldn’t find our response, our application was reopened based on the proof shown that we responded.

 

[Apurvaagrawal9]

You should definitely appeal directly to the Visa Office for reconsideration. We were denied twice for not responding to documents requests. On both occasions, the application was reopened. All we did was send them e-mail proofs that we responded to those requests; they went back and checked their records and saw the response. Even in the case that they couldn’t find our response, our application was reopened based on the proof shown that we responded.

Hi kuskus,

Could you please help me understand how did you appeal the decision directly to Visa office for reconsideration. I just received an email from IRCC that they have refused my application.

Any help is greatly appreciated.

 

[kuskus]

Hi kuskus,

Could you please help me understand how did you appeal the decision directly to Visa office for reconsideration. I just received an email from IRCC that they have refused my application.

Any help is greatly appreciated.

It depends on the reason for refusal. If you read my post you’ll see the reasons for refusal. Why was your application refused?

 

[Apurvaagrawal9]

In the past I have worked as a Software Engineer and currently I am working as a Technical project manager. Following is the reason they have given

"In your Express Entry profile, you declared your primary occupation in NOC 2173 (Software engineers and designers). However, all work experience is identified in a different NOC/occupation - NOC 0211 (Engineering managers)."

The fact that the case officer has used "all" is incorrect as my work experience shows that I have worked as a Software Engineer for more than two years.

 

[SanjanaB20]

Hi Apurva

My application was Rejected just because it lacked a letter from the Road Authority in Australia to certify that I didn't possess any Drivers License there when I was studying.

But I am shocked that they didn't ask for further documents instead of just rejecting..Can you please advise how I can appeal to the office itself?

Thanks a lot

 

[Apurvaagrawal9]

Hi Apurva

My application was Rejected just because it lacked a letter from the Road Authority in Australia to certify that I didn't possess any Drivers License there when I was studying.

But I am shocked that they didn't ask for further documents instead of just rejecting..Can you please advise how I can appeal to the office itself?

Thanks a lot

Same happened to my sister-in-law. Unfortunately she had to go through the whole process. There is no other way but to apply again. You have to email vicroads for the victoria driving history.

Thank you

 

[Ali08]

Hi Apurva

My application was Rejected just because it lacked a letter from the Road Authority in Australia to certify that I didn't possess any Drivers License there when I was studying.

But I am shocked that they didn't ask for further documents instead of just rejecting..Can you please advise how I can appeal to the office itself?

Thanks a lot

Hi the same thing happened to me today. Are you thinking about appealing or just try your luck again?