hey guys,
my application was rejected today. I cannot access the case on the website, however, below is the reply from my Consultant. Pls guide me if i should appeal or apply to Australia?
Thanks
Dear Client,
We have received a Final Decision Letter from CHC regarding your case. Apparently the Case Officer has overlooked the employment reference letters furnished by you, as the standard ‘negative decision letter’ received bearing your file reference number states that the “I have determined your eligibility on the basis of the information on your file. Although the NOC code corresponds to the occupations specified in the instructions, you provided insufficient evidence that you performed all of the essential duties and a substantial number of the major duties, as set out in the occupational descriptions of the NOC.”, where as the employment reference letter/s furnished by you carried detailed job description in line with the relevant NOC.
During his visit and address to the consultants at Abu Dhabi Embassy in February 2011, the Deputy Program Manager Mr. Donald Cochrane, CHC London, bluntly stated that because of a big backlog of files on hand, further being burdened with about 14000 additional files ‘thrown at their door’ from Canadian Embassy Islamabad they would have to be ‘ruthless’ in processing applications. Apparently, they ruthless approach of processing many applications in less time has been causing compromised process; wherein the officers are either not giving due time to review cases and documents, certain documents are overlooked, and decisions are being made in haste.
It is evidential that the decision regarding your case is not made on merit.
As per IRPA regulations and Federal Law of Canada we have two options which can be adopted now.
First Option, there is a provision available in the law to lodge appeals at three levels with the relevant case processing office and the Head Office in Ottawa Canada.
Step 1: an appeal is to be made to the relevant Case Officer and Supervisor of the Unit challenging the decision by giving valid reasons supported with references to the relevant regulations and authentic evidence.
Step 2: In case the first appeal is turned down, second appeal can be made to the Program Manager of the relevant Case Processing Office.
Step 3: In case the appeal is turned down again then we can write to the Head Office PR Applications in Ottawa, Canada; to bring the matter into their attention and seek their intervention with a request to investigate and resolve the matter.
These all levels require several man-hours work of our staff for case review, evaluation of IRPA Policy to give reference to certain clauses in the law, compilation of documents and lodgment of appeals at multiple levels not to mention additional logistic cost etc…. Further follow up and coordination also requires time and effort. As this all can be managed by Premiers staff (obviously this all is additional work and effort not listed on the service contract); still as a special case we would not charge any extra amount from the affected clients and execute it under the same contract and against the current contractual value as no third party payment is to be incurred.
Second Option; apply to the Federal Court of Canada for grant of ‘LEAVE TO APPEAL’ against the CIC’s decision on your application (STRICTLY WITHIN 60 DAYS from the date of the letter)
An experienced lawyer, based in Canada is on Premiers panel. A special, discounted fees structure is arranged with him for Premiers’ clients. His services can be hired to process Leave to Appeal applications and further litigation process. The payment terms are very low and convenient as per the market standards. It is the client’s decision; if he/she wants to challenge the decision in the Federal Court of Canada (which is highly recommended), Premiers can engage the lawyer on the client’s behalf and carry out complete coordination.
It goes without saying that decision to apply for immigration to another country is a major decision in one’s family life; for the better future of the family. It is a time consuming and demanding process. Lot of procedures, documentation, reviews and verifications go into the process of an immigration application. It is regretful that at present an undue negative decision is received regarding your application. There are provisions of actions available in the law to adopt in such situation (as specified above), Premiers’ will, with your consent, exercise that.
Further, as a special favour to such clients who get affected by mishandling of their applications at the CHC London; we extend an offer, under the existing contract, of 2nd submission to Canada, or new application submission to Quebec (Canada) or Australia provided they meet the current selection criteria.
We have formulated a special team of our experienced staff to address this situation with due diligence and focused commitment. Kindly e-mail to atif@premiers.ae or call
04 397 9999 and ask for ATIF AHMED, and seek a telephonic session or appointment with one of the members of the Special Team. Kindly visit our office only with pre-arranged appointment so that the relevant person should be ready with complete review of the case, specific options etc. related to you and your case and have ample time available for the meeting. . Kindly don’t insist for Saturday appointment as the minimum waiting time may be 2 hours and the relevant staff may not be able to have detailed session with you.