idoit said:
Well, I have a very bad news and right now I am very much pissed off at CIC.
They have returned my application and the reason mentioned is I have not included my IELTS!!!!!!!!!!! I AM 100% CERTAIN (no doubt) that I included it. Apparently, they lost my IELTS. The letter I put was in its pocket and now there's nothing in my package returned!
Guys, what do you think i should do. I try to stay cool but this is ridiculous. Seriously ridiculous!
Oh my God, I am so angry right now! CIC officers really?!!! Where's my IELTS score?
Dear Idiot!
Really sorry to hear about your news
. I guess no body thought before you gave the news that this is also a possibility of getting your file back. When there is a document in the file and still the CIO returns the application saying that it wasn't there. If someone had asked me my answer it would have been a big "YES".
Here are the reasons and please read it very patiently because it is going to be a long one.
I have already mentioned in my earlier posts that my case was rejected twice before my present attempt. On the first occasion my file was returned because visa officer could not find any document which would have established my relationship with my uncle. They were right in that case partially. The fact that I had not attached the birth certificate of my uncle and my father. I was claiming 5 point for adaptability because of my Uncle in Canada. But at that time there was nothing mentioned in the CIC checklist how to prove the relationship and I though that by attaching his PR card and all the bank and income tax papers were enough.
Anyways because it was rejected for such a small reason and because I filed the documents by my self that time I decided to use the services of a consultant next time.
The second time in 2012 I decided hired a consultant to help me with such finer details. This consultant had an association with one of the top immigration lawyer in Canada. I filed it under their umbrella thinking that no force can deny my PR this time. But guess what I was wrong. :-X :-X (By the way consultant did no good job)
As i told you I had filled the application in 2011 hence my IELTS score was still valid for two years and hence I used the copy of the IELTS with my application in 2012. My file was returned with all the papers saying that there was no IELTS copy attached with the file. I was so mad at CIC at that time and could not believe what has happened. I complained to my consultant and since the lawyer in Canada had lot of name I thought there would be some chance.
So the lawyer in Canada initiated communication with CIC office and finally got an answer from the CIC supervisor that they would have looked into case but the very fact that CIO sends back everything to the applicants once the file in incomplete and hence they have no record as to what was attached in the file at the time of submission. So they can do nothing in this case. I guess that I was so much angry at the situation and all the CIC.
But there was nothing that could be done because I had sent my file almost at the last end when the quota was about to end. The quota had finished by the time I got my papers back from CIO and then the FSW program was halted. Hence I have filled it now again.
Also, worth mentioning is that my uncle went to few lawyers in Toronto they all promised different things no body was sure though. The biggest problem with CIO is that they do not keep the copy of the documents if they return the file. Only when the file passes the completeness test it makes a copy for the visa officer to view the documents. Hence there was no evidence to refute the claim made by the CIO officer. If I am not wrong there is a case similar to that where even the judge had the same problem and because CIO officer holds the position of authority they had to take his wording as truth.
I know no words would be enough to you in this situation but the big question is what can we do?
Here are my suggestion:
1) Right away send an official mail protesting this decision and return of the file explaining every thing from your end. Once you receive a similar reply from CIO that my lawyer got go for some legal opinion. There may be 10% chance that they might have some more details about your file as opposed to mine because two years have passed since then.
2) Keep the file in the same shape as you received especially if there are any manual notings on the file by CIC officer.
3) Be hopeful but at the same time be prepared to take fast decisions. Legal action takes a lot of time and money and no one knows what would be the outcome. Its a lotto. If you win it will be a jackpot. The biggest hurdle being where is the evidence?
After my case, I had thought that this big hole in CIO processing should be filled because as an applicant we have no proof what we sent in the application package. I know some of us keep all the photocopies of the documents but that is just for our satisfaction not for the evidence of CIO. They wont consider that as an evidence.
Lets brain storm this and come out with some remedy to this action.
I wish you a very good luck in your effort to get justice.
