walrus189 said:
dpenabill,
In your opinion, at which stage of the review does the applicant get the CIT 0520. I noticed from my ATIP a note stating that "RQ case-preliminary review completed; referred to level 2 decision maker for final decision." I suspect this is the new review process since there will be no judge involved unless application is denied. Would the request come after the preliminary review or from the decision maker?
To be clear: I am
NOT an expert. And I am
not qualified to offer advice in specific, individual cases.
In fact, I should correct a statement of mine above; even though the CIT 0520 request is used in various contexts, for somewhat different purposes, I just learned today that CIC is specifically using this form to request "supplemental" documentation that is
residency related. I would still say it is
not RQ-lite, or a second-RQ (for applicants who are sent the CIT 0520 request some time after they submitted a response to RQ), since again it is not a request which, in itself, indicates the case is deemed a residency case (even though, obviously, RQ may follow and the case then deemed a residency case . . . RQ can be issued any time right up to the taking of the oath), but rather is what it says it is, a particularized request for a specific, supplemental document or documents.
Just as RQ can be issued any time, so too can a CIT 0520 request. There are some typical stages in which it is issued, if it is issued: preliminary to scheduling test and interview; following test and interview; or for those whose RQ'd application has been in process for a long time after the test and submission of the response to RQ, it appears to be issued when a Citizenship Officer is (finally) preparing to do the final assessment. But again, at any stage of processing when a case worker or officer is working on the file, the CIT 0520 request could be issued.
I do not know for sure, but it is my sense that the issuance of the CIT 0520 to already RQ'd applicants has been part of CIC's efforts to deal with the huge backlog of RQ'd cases which have been, essentially, in limbo for a long period of time. It is more or less (my sense) a follow-up, in part to confirm applicant is responding to communication sent to address of record, in part to update some information, in part to add documentation confirming information or documentation previously submitted, all to facilitate a Citizenship Officer finally evaluating the case and making a decision as to the next step.
In particular, my sense is that most RQ'd applicants will
NOT be later sent a CIT 0520 request.
There are other participants in this and other forums who are more familiar with the meaning or import of certain entries in the GCMS (what you obtained in response to your ATIP request). I cannot read much into the note stating that
"RQ case-preliminary review completed; referred to level 2 decision maker for final decision."
Obviously what you would like to know is whether this signals review as a
residency case still or a review on track for the Minister's approval and grant of citizenship. I cannot read either into such a note. Again, perhaps there are others here more familiar with the import of such a note in the GCMS records.
The former, review as a
residency case, would not be good news but not necessarily really bad news. It would mean the process is likely to drag on longer than you'd prefer, and remains at risk for a negative assessment, but many of these cases probably go on to be approved and citizenship granted with no referral to a CJ.
The latter, review on track for the Minister's approval, would be good news, since this would likely result in your being scheduled for the oath in the near future.
My
guess is that the "level 2 decision-maker" is a Citizenship Officer, but I am not at all sure of this. And even if it is, that would not clearly indicate what sort of review this is for.
Thus, again, I cannot discern from such a note which way it points.
In the meantime, though, depending on how long your case has been pending since you submitted a response to RQ, you may or may not be sent a request for further supplemental documents.
Regarding the
new process . . . no judge involved unless application is denied . . .:
Technically CIC is not describing the decision to refer a case to a Citizenship Judge as denying the application. Frankly, my opinion is that it is in fact a decision of that nature, and thus should be subject to procedural fairness requirements, including sending a formal notice of the decision to applicants. But so far CIC appears to treat this as merely internal processing, not a formal step.
It is true, though, also technically, that it is not a formal denial, but rather simply an in fact declining to grant citizenship while the application is referred to a CJ for a hearing. The CJ is the one who formally decides whether or not the application is to be denied based on a failure to prove residency.
But, correct, the only cases which are being referred to a CJ now are those which CIC has, in effect, declined to grant citizenship . . . technically it is a case for which CIC is "not satisfied" residency has been established, but for all intents and purposes, if a case is being referred to a CJ now, that means CIC has not only denied the grant of citizenship but is mostly likely submitting a negative referral arguing why the CJ should also deny approval.
