Just to add... I would budget somewhere between $3K and $6K for the legal fees. I believe that's the range I've seen from others who have gone through this process.scylla said:
Can I appeal sponsorhip refusal ???? please help
- Thread starter nervousme
- Start date
- Jul 30, 2013
- 4
- Category........
- Visa Office......
- Vegreville
- Job Offer........
- Pre-Assessed..
- App. Filed.......
- 01-09-2012
- Med's Done....
- 26-02-2013, Re-done Sept 2014
- Interview........
- Decision made Mar 09, 2015
So in other words its just better to re apply is what it sounds like.
Plus it has now been more than 15 days since we have received that letter. I thought by sending the letter to CIC asking for them to consider an appeal was all I had to do. ( again something this consultant told me) but also my member of parliament told me to do too.
Sounds like I just got royal screwed by the authorized consultant I used. We paid $2000 to ensure all documents would be sent and done correctly. I am probably could have done it all myself, but with the fear that I might miss something we intrusted the consultant because she has a license and is registered to do this. "insert swear word here"
I am a Canadian Citizen and I have no way to fix this mess. Feeling cheated right now. And all they wanted was the schedule A form again. ( which we filled out twice!) "curse word here" . Clearly the consultant never sent it or it got lost along the way, who knows.
This means if we re apply I need to go threw the process to sponsor again too right?
Another 19 months or more.
I was hoping there was an easier way. And when this is all done is there anything I can do to let others know about the consultant so NO ONE else falls into this mess like us?
Plus it has now been more than 15 days since we have received that letter. I thought by sending the letter to CIC asking for them to consider an appeal was all I had to do. ( again something this consultant told me) but also my member of parliament told me to do too.
Sounds like I just got royal screwed by the authorized consultant I used. We paid $2000 to ensure all documents would be sent and done correctly. I am probably could have done it all myself, but with the fear that I might miss something we intrusted the consultant because she has a license and is registered to do this. "insert swear word here"
I am a Canadian Citizen and I have no way to fix this mess. Feeling cheated right now. And all they wanted was the schedule A form again. ( which we filled out twice!) "curse word here" . Clearly the consultant never sent it or it got lost along the way, who knows.
This means if we re apply I need to go threw the process to sponsor again too right?
Another 19 months or more.
I was hoping there was an easier way. And when this is all done is there anything I can do to let others know about the consultant so NO ONE else falls into this mess like us?
- Jul 30, 2013
- 4
- Category........
- Visa Office......
- Vegreville
- Job Offer........
- Pre-Assessed..
- App. Filed.......
- 01-09-2012
- Med's Done....
- 26-02-2013, Re-done Sept 2014
- Interview........
- Decision made Mar 09, 2015
See here for detailed information:
http://www.cic.gc.ca/english/information/representative/complaints.asp
Good luck.
http://www.cic.gc.ca/english/information/representative/complaints.asp
Good luck.
screech339
VIP Member
- Apr 2, 2013
- 553
- Category........
- Visa Office......
- Vegreville
- Job Offer........
- Pre-Assessed..
- App. Filed.......
- 14-08-2012
- AOR Received.
- 20-11-2012
- Med's Done....
- 18-07-2012
- Interview........
- 17-06-2013
- LANDED..........
- 17-06-2013
Not only to the link provided, I would also write a letter to the lawyer's bar association as well. This way not only does CIC have a letter, the bar association has one too.
Screech339
Screech339
- Jul 30, 2013
- 4
- Category........
- Visa Office......
- Vegreville
- Job Offer........
- Pre-Assessed..
- App. Filed.......
- 01-09-2012
- Med's Done....
- 26-02-2013, Re-done Sept 2014
- Interview........
- Decision made Mar 09, 2015
I personally think you are wasting your time if you apply for a Judicial Review. A JR is a legal review that can only look at the decision that was made. You must show the Court that an error was made in the decision, or the decision was not fair or reasonable. In your case, there was no error and the decision was fair and reasonable. Remember, the JR is only looking at the legal aspects of the decision. Given that important information was missing from your application - regardless of the reason for this- the decision was probably the only legal decision that could be made.
While you are mucking around applying for JR, waiting for the Court date, then waiting for the case to be examined and a JR finding - all of which could take quite a long time - you could be well on the way to having a favourable decision if you reapply.
The consultant should be reported to their professional organisation. It may also be that you have a civil claim for refund of some or all of your fees if the consultant didn't do the job you contracted them to do. However, this side of things really is separate to the PR application. It's terribly unfortunate but not, in itself, grounds for appeal.
I really do think you would save yourselves a lot of time and stress if you decided to resubmit your application. I'd be inclined to include a letter explaining why it is being resubmitted and any evidence you have to show how your consultant let you down. You never know, a sympathetic VO may look at it and think, "these poor people have been through enough so I will do this as quickly as I can for them"
While you are mucking around applying for JR, waiting for the Court date, then waiting for the case to be examined and a JR finding - all of which could take quite a long time - you could be well on the way to having a favourable decision if you reapply.
The consultant should be reported to their professional organisation. It may also be that you have a civil claim for refund of some or all of your fees if the consultant didn't do the job you contracted them to do. However, this side of things really is separate to the PR application. It's terribly unfortunate but not, in itself, grounds for appeal.
I really do think you would save yourselves a lot of time and stress if you decided to resubmit your application. I'd be inclined to include a letter explaining why it is being resubmitted and any evidence you have to show how your consultant let you down. You never know, a sympathetic VO may look at it and think, "these poor people have been through enough so I will do this as quickly as I can for them"
I agree with Catou. I believe the Judicial Review has zero chances of succeeding because you were correctly refused. Yes - it was your consultant's fault the paperwork wasn't submitted. But from a CIC perspective, the paperwork wasn't received and the refusal was correct. They aren't going to give you a break because your consultant is an idiot unfortunately.Catou said:
Reapplying is definitely the way to go (which is what it sounds like you're doing).
- Jul 30, 2013
- 4
- Category........
- Visa Office......
- Vegreville
- Job Offer........
- Pre-Assessed..
- App. Filed.......
- 01-09-2012
- Med's Done....
- 26-02-2013, Re-done Sept 2014
- Interview........
- Decision made Mar 09, 2015
I just wanted to update everyone. I did send all documents and a letter to vegreville hoping they would re open my case. Without my knowledge the consultant we were using had sent one too. ( probably hoping too because of her mess up)
I recieved a response Letter in the mail from cic in regards to the letter the agent had sent and it came back refused as you all had predicted, so I figured the things I sent would also get refused /denied and I was preparing myself to re apply, collecting photographs again and so on.
But on Dec 10th the we got a Letter via snail mail in response to the letter I sent to vegreville, and they reopened our file!!
I couldn't even believe it!!!!!
They have asked for finger prints for my spouse from the RCMP again this week and I think maybe because the others have expired by now. And they said they sent a Request to Bucharest for info about his non- accompanying dependant (who is not coming to Canada). But she's a minor so they need to verify. Now we wait.
Wonder how much longer ? But the best news is that they agreed to reopen our file!
I recieved a response Letter in the mail from cic in regards to the letter the agent had sent and it came back refused as you all had predicted, so I figured the things I sent would also get refused /denied and I was preparing myself to re apply, collecting photographs again and so on.
But on Dec 10th the we got a Letter via snail mail in response to the letter I sent to vegreville, and they reopened our file!!
I couldn't even believe it!!!!!
They have asked for finger prints for my spouse from the RCMP again this week and I think maybe because the others have expired by now. And they said they sent a Request to Bucharest for info about his non- accompanying dependant (who is not coming to Canada). But she's a minor so they need to verify. Now we wait.
Wonder how much longer ? But the best news is that they agreed to reopen our file!
nervousme said:I just wanted to update everyone. I did send all documents and a letter to vegreville hoping they would re open my case. Without my knowledge the consultant we were using had sent one too. ( probably hoping to if. Her mess up)
I recieved a response Letter in the mail from cic in regards to to the letter the agent had sent and it came back refused as you all had predicted, so I figured the things I sent would also get refused /denied and I was preparing myself to re apply, collecting photographs again and so on.
But on Dec 10 the we got a Letter via snail mail in response to the letter I sent to vegreville, and the reopened our file!!
I couldn't even believe it!!!!!
They have asked for finger prints for my spouse from the RCMP agAin this week and I think maybe because the others have expired by now. And they said they sent. Reques to Bucharest for info about his dependant. Hold who is not coming to Canada. But she's a minor so they need to verify. Now we wait
Wonder how much longer ? But the best news is that they agreed to reopen our file!
That's awesome!,, congrats!,,