Decision Made: Pre Feb 2008 Applicant

[wounderful]

Dear All,
Today I got same automated response as some of you got. So those whom application status has been changed from in process to decision made need to lose their hopes if they hold any.


Sabiha :'(

No, Actually some of the pre-2008 like me have filed case against CIC through lawyer and an important hearing will be on this January 14 to 16 so do not lose your hope and wait for the outcome (I suggest to wait till end of January and do not file for your return fee),

 

[hopeful4]

here is what Tim sent to his litigants concerning decision made status. I find his langaugue a little bit rude but at least he gives an answer:
So many of you are reporting that your online summary says "decision made" and asking me to say what it means. First, no one retained me to handle their visa application. That question should be addressed to whomever you hired for that purpose. If you chose to go it alone, you should accept the consequence of that decision. Second, it should be obvious that CIC has decided to implement s. 87.4 and close all the files. Because CIC has never bothered to provide applicants with honest information, stating "in process" or "decision made". It should be clear that, as your file certainly is not "in process" (unless you had been sent medical forms), it must be closed. If it is closed, a decision was made to close it -- a decision announced on March 29th, one about which you have known for many, many months.

 

[Badal789]

Hi!

Dear brother I don't want to disappoint you but it looks your application is terminated and fees will be refunded to you according to law passed on June 29, 2012. According to this law if you don't have PSDEC=1 / SELDEC=1 before March 29, 2012 your file will be terminated and fees refunded.

In some cases though correct SELDEC was not entered in CAIPS notes for pre 2008 applicants but visa officers were instructed to do a manual review of all cases and finalise that manual review by Nov 30, 2012.

Very clearly CIC announced that if a file assessed and awarded 67 or more points before 29 March 2012 then that file is accepted for further processing. Immigration processing has 2 steps first is Selection Criteria (PSDEC) and 2nd step is admissibility (SELDEC). Do not worry if SELDEC 0, important is PSDEC with point 1(positive) and just on the right side a date on or before 29 March 2012. If there is PSDEC with 0, 2, 3 or 4 means negative or PSDEC with 1 but date after 29 March 2012 then also negative.
For better understanding and to avoid confusion, please see the below text with source :

Am I affected by the FSW backlog elimination measures?
Now that the Jobs, Growth and Long-term Prosperity Act (Bill C-38) has become law, CIC will terminate processing Federal Skilled Worker files if applicants:
• applied before February 27, 2008, and
• have not had a decision made by an immigration officer based on selection criteria before March 29, 2012. (information on selection criteria is below)
CIC expects this will affect around 280,000 people including dependants.
CIC will return fees paid to the Department, without interest, for applications that are eliminated under the provisions in Bill C-38.CIC is currently finalizing the fee return process, which will involve confirming up-to-date contact and payee information.
CIC has set up a central task force based in Ottawa to handle the fee return process. More details will be posted on this website as they become available.
Q3. What does a decision based on Federal Skilled Worker selection criteria mean?
A decision based on Federal Skilled Worker selection criteria means that an immigration officer:
• has assessed your FSW application against the points grid, and
• has made a decision on whether or not you meet the selection criteria of the program.
Currently, the pass mark is 67 points out of a grid worth 100 points. The grid considers the following:
• the person’s ability in English and/or French;
• their education;
• their work experience;
• their age;
• whether they have a job already arranged in Canada (arranged employment); and
• how well they might adapt to living in Canada (which awards points for things like previous work or study in Canada, spouse’s education and relatives in Canada).
If your application is successful, you would move to the next phase (i.e. admissibility). At that point you would be checked against health, security and criminality requirements before a final decision is made and a visa is issued or not.
If you do not score at least 67 on the FSW points grid, your application would be refused and CIC would inform you of the decision.

Source

http://www.cic.gc.ca/english/department/media/notices/notice-qa.asp

 

[cocknbull]

Very clearly CIC announced that if a file assessed and awarded 67 or more points before 29 March 2012 then that file is accepted for further processing. Immigration processing has 2 steps first is Selection Criteria (PSDEC) and 2nd step is admissibility (SELDEC). Do not worry if SELDEC 0, important is PSDEC with point 1(positive) and just on the right side a date on or before 29 March 2012. If there is PSDEC with 0, 2, 3 or 4 means negative or PSDEC with 1 but date after 29 March 2012 then also negative.
For better understanding and to avoid confusion, please see the below text with source :

Am I affected by the FSW backlog elimination measures?
Now that the Jobs, Growth and Long-term Prosperity Act (Bill C-38) has become law, CIC will terminate processing Federal Skilled Worker files if applicants:
• applied before February 27, 2008, and
• have not had a decision made by an immigration officer based on selection criteria before March 29, 2012. (information on selection criteria is below)
CIC expects this will affect around 280,000 people including dependants.
CIC will return fees paid to the Department, without interest, for applications that are eliminated under the provisions in Bill C-38.CIC is currently finalizing the fee return process, which will involve confirming up-to-date contact and payee information.
CIC has set up a central task force based in Ottawa to handle the fee return process. More details will be posted on this website as they become available.
Q3. What does a decision based on Federal Skilled Worker selection criteria mean?
A decision based on Federal Skilled Worker selection criteria means that an immigration officer:
• has assessed your FSW application against the points grid, and
• has made a decision on whether or not you meet the selection criteria of the program.
Currently, the pass mark is 67 points out of a grid worth 100 points. The grid considers the following:
• the person's ability in English and/or French;
• their education;
• their work experience;
• their age;
• whether they have a job already arranged in Canada (arranged employment); and
• how well they might adapt to living in Canada (which awards points for things like previous work or study in Canada, spouse's education and relatives in Canada).
If your application is successful, you would move to the next phase (i.e. admissibility). At that point you would be checked against health, security and criminality requirements before a final decision is made and a visa is issued or not.
If you do not score at least 67 on the FSW points grid, your application would be refused and CIC would inform you of the decision.

Source

http://www.cic.gc.ca/english/department/media/notices/notice-qa.asp

Dear Badal789,

His file wasn't assessed before March 29, 2012, No points were awarded, No updated docs were never asked and PSDEC and SELDEC remained 0 before and after March 29, 2012. So the conclusion, application terminated.

I hope it clears confusion...Thanks

 

[Badal789]

Dear Badal789,

His file wasn't assessed before March 29, 2012, No points were awarded, No updated docs were never asked and PSDEC and SELDEC remained 0 before and after March 29, 2012. So the conclusion, application terminated.

I hope it clears confusion...Thanks

Dear Cocknbull,
Hope you understand from CIC clarification about the PSDEC 1 and date to be on or before 29 March 2012. You are insisting about SELDEC again and again, for backlog applicants SELDEC is not important to have the files IN PROCESS.

 

[cocknbull]

Dear Cocknbull,
Hope you understand from CIC clarification about the PSDEC 1 and date to be on or before 29 March 2012. You are insisting about SELDEC again and again, for backlog applicants SELDEC is not important to have the files IN PROCESS.

Dear Badal789,

If you remember we had already agreed that we have a disagreement here so there is no point discussing again. You please stick to your opinion.

Thank you for understanding...

 

[harry_aussie]

SELDEC is important for backlog applicants as well. PSDEC is just a paper selection decision and SELDEC is entered when points are allocated.

 

[cocknbull]

SELDEC is important for backlog applicants as well. PSDEC is just a paper selection decision and SELDEC is entered when points are allocated.

Dear Harry,

Yes I agree with you

On the following link for CAIPS codes...PSEDEC means paper screening decision and SELDEC means selection decision.

http://immigrationguides.com/index.php?option=content&task=view&id=203

Decision Codes
T-11 PAPER SCREENING DECISION (PSDEC)
1 passed
2 failed
3 withdrawal

T-12 SELECTION DECISION (SELDEC)
1 passed
2 passed on discretion
3 OIC required (pro-Proclamation cases)
4 waived
5 failed
6 failed on discretion
7 withdrawn
S passed (H & C consideration) (for Refugees only)

In my opinion Pre Feb 2008 cases where correct SELDEC=1 wasn't entered before March 29, 2012 should be changed to 1 after NOV 30, 2012 as visa officers were instructed to do a manual review and enter correct GCMS/CAIPS code by Nov 30, 2012.

Thanks

 

[chigwell1779]

Being a 2006 applicant i checked my ecas yesterday it shows decision made before was in process.so is that mean my case is rejected but i applied in june 2010 but still struck in process since march2012.i don't know where my destiny will take me. i,m gonna apply for gcms note through my brother this week for both 2006&2010 case. unlucky me
chigwell1779

 

[hopeful4]

Being a 2006 applicant i checked my ecas yesterday it shows decision made before was in process.so is that mean my case is rejected but i applied in june 2010 but still struck in process since march2012.i don't know where my destiny will take me. i,m gonna apply for gcms note through my brother this week for both 2006&2010 case. unlucky me
chigwell1779

Forget about your 2006 application ,,,your only hope is your 2010 application,,,you have done the right thing when you reapplied in 2010 ,,,best of luck

 

[Badal789]

Being a 2006 applicant i checked my ecas yesterday it shows decision made before was in process.so is that mean my case is rejected but i applied in june 2010 but still struck in process since march2012.i don't know where my destiny will take me. i,m gonna apply for gcms note through my brother this week for both 2006&2010 case. unlucky me
chigwell1779

I agree with your decision to get CAIPS for 2006 application and GCMS for 2010 application so you will know what were the wrong with your 2006 application.

 

[cocknbull]

Being a 2006 applicant i checked my ecas yesterday it shows decision made before was in process.so is that mean my case is rejected but i applied in june 2010 but still struck in process since march2012.i don't know where my destiny will take me. i,m gonna apply for gcms note through my brother this week for both 2006&2010 case. unlucky me
chigwell1779

You will be ok with your June 2010 application...don't worry.....Your last GCMS were ok...

 

[thephilanthropist]

Dear All Members,
The most powerful reason why people with Paper Selection decision positive AND total Points above 67 are kept in process MIGHT be due to decision that Hon. Justice Rennie has delivered in LIANG case.
I am quoting from the decision
"[43] However, section 87.3 does not eliminate the Minister's duty to process applications in a reasonably timely manner, at least those applications that are accepted for processing. There is no language in section 87.3 or any other amendment to the Act that extinguishes the longstanding, well-accepted duty to process applications in a reasonable time frame. The Minister can set instructions that permit him to return some applications without processing them at all, and thus obviously there is no further duty in respect of those applications. However, for those that are determined eligible for processing, the duty to do so in a reasonably timely manner remains, absent clear legislative language extinguishing that duty. The Ministerial Instructions inform the assessment of whether that duty is discharged in a reasonable period of time."

Please read carefully the wording of Hon. Judge of Federal Court that are marked in Bold and Italics. This may be the reason that those with positive paper selection decision and total point calculation greater than 67 is kept in process and I hope and pray that they might get processed. Further this are the oldest applications in the system.

Members please understand that what Hon. Judge has said that Minister has the power to return the application unprocessed and hence no further obligation for processing remains BUT for those determined eligible for processing, should be processed in timely manner. Thus, application eligibility for further process is determined at the Paper selection decision and if total points calculated is greater than 67 than only it goes for the review and SELDEC is entered. so I think (purely my thinking) that those with PSDEC positive and total points above 67 will be processed.

Disclaimer:
All views expressed are solely individual and further comments are welcomed.

 

[noon]

Hi cocknbull,


I. Information regarding points is deleted in CAIPS for applicants whose interviews are waived.

Recognizing that the CAIPS system was designed at a time where most applicants were asked for an interview, the database did not capture selection decisions for people who were not interviewed. With the new regulations, the majority of applicants are not interviewed as part of the selection process. Therefore, the information regarding selection decisions is lost in the CAIPS system. This makes it difficult to assess the impact of the selection criteria.
link http://www.cic.gc.ca/english/resources/evaluation/fswp/section1.asp

Your FSW application has been terminated by operation of law if:

you applied before February 27, 2008, and
a decision based on FSW program selection criteria* was not made on your application by an immigration officer before March 29, 2012.

(*A “FSW program selection criteria” decision means that a CIC officer has determined that you have accumulated enough points to qualify for the program, based on factors such as your language skills, education and work experience.)
link http://www.cic.gc.ca/english/department/media/notices/notice-returns.asp

As you said SELDEC is important . But eventhough SELDEC is 0 in CAIPS notes of many pre feb applicants ,it does not mean that the application will be terminated. ie, if PSDEC=1, SELDEC=0 and points were calculated those applications may proceed.

Many thanks for your kind and continued support for pre feb applicants.

 

[cocknbull]

Thanks Noon for your explanation. My understanding is SELDEC is important in any case and if PSDEC=1 and SELDEC=0 then correct SELDEC=1 should also be entered in notes after NOV 30, 2012 (the dead line given to visa offices). Thanks