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Decision Made and then Rejection Letter...

Aquila Noctis

Full Member
May 1, 2014
33
0
Kanamen said:
No word can express how sorry I am, to hear of your rejection.....as you are really nice person and really pearl.

You are in my prayers during this difficult time.May your strength prevail to help you through this difficult time.

What are your options?
If you get a letter in the mail from Canada Immigration advising you that your application for Canadian immigration was refused, do not panic! You have options.

You may be eligible to Appeal your Canadian Immigration Application Refusal to the Federal Court of Canada within a certain period after you were notified of the refusal by Canada Immigration.
You may be eligible to Appeal your Canadian Immigration Application Refusal to the Immigration Adjudication Division (IAD) within a certain period of after your application was refused by Canada Immigration.
You may be able to make a request for Restoration to the Case Processing Centre (CPC) after being notified if the refusal.

What option is right for me?

It depends on a number of factors such as the nature of the case. Is it a Skilled Worker Application, Canadian Sponsorship Application or Canadian Work Visa refusal?

And it also depends on where the Canadian immigration application was filed and processed. Was your Canadian immigration application filed within Canada or at a Canadian Consulate or Embassy outside of Canada?
Why did my Canadian Immigration Application get Refused?

Generally refusals for Canadian immigration applications do not just happen. When applications for Canadian immigration are submitted to Canada immigration, an immigration officer is responsible for reviewing the application and making an assessment about whether the application should be approved or denied. The immigration officer has guidelines for making decisions on immigration cases. These guidelines are found in the Immigration Regulations as well as Immigration Manuals.

When applications do not meet the various standards and criteria set out in the Immigration Regulations and Manuals, then the likely result is a refusal. However, in many cases, Canadian immigration officers make mistakes in their decisions. They often are too strict in their interpretation of the guidelines or they simply fail to review all the documentation and information in an application. Sometimes applicants are called for a personal interview and the immigration officer does not believe the applicant is credible or trustworthy.

Whatever the reason for the refusal, it is important to act very quickly once you are notified that your case was denied. You should then seek out a qualified and experienced Canadian immigration lawyer who is licensed. If your case has merit, then an Immigration Appeal should be considere
http://www.visaplace.com/canada-immigration/immigration-refusal.php

Canadian Immigration Application Refusal

It can be devastating to learn that your application to reside in Canada has been refused.

Fortunately, you may have recourse. A Canada immigration officer's decision to refuse an application may be challenged if that decision was wrong in fact or in law, or if that decision is not in accordance with the principles of procedural fairness.

Family Class sponsors have an additional recourse. They can ask that a refusal be reversed by raising humanitarian and compassionate considerations.

You may retain our law firm to provide you with a detailed analysis of the refusal decision. We will also advise you as to which remedies may be available to reverse the refusal decision.

If warranted in your particular situation, we can do the following:

Reconsideration letters – If the refusal was based on an error in fact or in law, and/or if that decision was not in accordance with the principles of procedural fairness, we will write to the Program Manager of the Canadian Visa Office to point out the errors and to request a reconsideration of the refusal decision;
Appeal – Wrongful refusals may, in certain instances, be appealed to the Federal Court of Canada or to the appropriate provincial court or, in the case of family sponsorships, to the Immigration Appeal Division.
http://www.canadavisa.com/canadian-immigration-application-refusal.html

APPEAL OPTIONS (CANADIAN IMMIGRATION)

The formal place that immigration appeals are made is the Federal Court of Canada. Most people choose to be represented by a lawyer at Federal Court.

The Federal Court is a court that has judges who are lawyers. Federal Court is strict, formal and has more complicated procedures. Federal Court involves a two step process. The first step is to file an appeal to get leave which is done by arguing your case by filing documents with no actual appearance at the Federal Court. In order to get leave to appeal you must prove there was a serious mistake made by the visa officer at the interview. If you succeed and get leave, you get the permission of the Federal court to go to step two which is the actual appearance at Federal Court in person to argue the case.

A typical case would be a skilled worker or business (investor, entrepreneur, self-employed) immigration applicant who goes to the interview at the Canadian Consulate or Embassy overseas, meets with a visa officer and fails the interview. The visa officer will issue a rejection letter setting out the reasons for the rejection. The applicant has a limited number of days (60) to respond and file a notice to commence a court action to appeal the case. If you miss the deadline generally you are not able to file an appeal. There are certain special circumstances and legal arguments that can be made that will allow you to continue even if you miss the deadline.

The general procedure for a Federal Court appeal is after the applicant files the Notice to start the action, the Respondent who is Citizenship and Immigration Canada (“CIC”) files an appearance confirming they will oppose the appeal. The applicant receives a copy of the visa officer's files containing documents filed and most importantly a copy of the interview notes made by the visa officer that have been inputted into the government computer. After a review of this material the applicant will file an applicant's court record containing the written argument, photocopies of legal cases and law supporting the argument and the applicant's affidavit that is a written document telling the applicant's story.

The respondent CIC is represented by the Department of Justice (“DOJ”) and they file their argument. The applicant has a chance to respond to the points made by the respondent in the respondent's argument.

If leave is granted the Applicant gets to go to Federal Court to actually argue the case in person. This usually takes approximately 12-18 months from the date of commencing to appeal to get to Federal Court to argue the case in person. If no leave is granted the appeal is ended.

If you fail at Federal Court, you can also appeal to Federal Court of Appeal. If you fail at Federal Court of Appeal, you can also appeal to the Supreme Court of Canada. For both Federal Court of Appeal and Supreme Court of Canada you first must get leave to appeal.
Which one is the right option to appeal when you applied for immigration with EE after an ITA and got discarded? I applied within Canada...
 

Roannetology

Star Member
Sep 15, 2019
75
8
Hi Friends,

Sorry for not replying to many of your queries,I didnt check this link for a long time.

We emailed LA office to know the feedback about our appeal letter around 1st week of August and again it was 'negative'.
here is the actual reply,
Dear Sir,

Your application for permanent residence in Canada was considered on its substantive merits and was refused. You were provided with the decision containing the reasons for refusing your application for permanent residence in Canada, by letter addressed to you dated ---, thereby fully concluding your application.
Should you have different or additional information, you may wish to submit a new application for permanent residence in Canada.

Yours truly,



We thank everyone of you for your valuable suggestions,encouraging words and prayers.Special thanks to Qorax,Kanamen,anumatri,omm,Hasni,Canada_dream100,Canadaforall,CanadaHome,jnathan,fariza,Nylam168,Acelawyer,Vermas,
rigmarole,alizafar,PalNP,Suruchi,lovetruth28,USH1B,carigirl,nicholas30,Starbucks,drmunir,JigJig,obie,imu,khans,adufe,
ayazf,nurse_angel,mandi,rocky994,Cappuccino,Canadian Dreams,haral
for your constant support.
I am sorry if I missed anyone else.

nurse_angel-->Congratulations for the visa :)
Canadian Dreams,haral-->The original exp letter had the total yrs of experience,positions held,timeline of each position with duties & responsibities in detail, salary details, and working hours.
Canadian Dreams-->I dont think u should send any updated exp letter now,bcoz we dont know what is going on with our applications and sometimes a positive decision may have already been made on ur application.so pls hold on to it.

Once again Thank you ALL.
Wishing everyone All the very Best.

Regards
pearl2010
Hi, my friend.. just want to ask..did you received your refusal letter before the decision made?
I am wondering for my application it stated on my ecas application "Decision made" but until now there is no letter or action to he done. Does anyone know if this is resfused or approve? Thank you
 

Roannetology

Star Member
Sep 15, 2019
75
8
Hi everyone...Im wondering.. i checked my ecas and stated "Decision Made" almost 2 weeks now. I dont know if this is refused or approved. I haven't received any letter after they received my medical result. How do I know if i am approved or refused. Thank you
 

Roannetology

Star Member
Sep 15, 2019
75
8
I have an agent who working our appliaction. They said they dont know if i got refused or approved. My Ecas appeared "Decision Made" and "medical result has beed received" . I am so much worry. I dont know what to do now..
 

MD25

Full Member
Apr 7, 2020
34
0
Hello everyone, I just have a question. My pr application online status was changed to decision made, and I received refusal letter. But ask for reconsideration and they requested additional documents. But some status still decision made for almost 3 months now when I submitted the documents they needed.
Do you have any idea what to do? Any information will greatly appreciated. Thank you.