How to appeal the decision made

[heven268]

Hi
We applied for PR from India in 2003 through an agent. Recently, I learnt through the CHC website that our application status was 'decision made' before even we were asked for the medicals. CHC has taken the decision with our intial documents. (Neither CHC nor our agent requested us for any recent docs) Sooner we received a mail from our agent that our application was rejected. Agent has not disclosed the reason for rejection, instead he is asking us to approach his lawyers.

Now that since my case is rejected, Can I appeal the decision? If yes, how? Right now I am in US. Can I contact Buffalo office for appeal or I have to do it through my home country (CHC, India)?

Please help
Thanks

 

[PMM]

Hi

Hi
We applied for PR from India in 2003 through an agent. Recently, I learnt through the CHC website that our application status was 'decision made' before even we were asked for the medicals. CHC has taken the decision with our intial documents. (Neither CHC nor our agent requested us for any recent docs) Sooner we received a mail from our agent that our application was rejected. Agent has not disclosed the reason for rejection, instead he is asking us to approach his lawyers.

Now that since my case is rejected, Can I appeal the decision? If yes, how? Right now I am in US. Can I contact Buffalo office for appeal or I have to do it through my home country (CHC, India)?

Please help
Thanks

1. No appeal in Skilled workers, you can apply for leave to appeal to the Federal Court of Canada, if there was an error in law. Otherwise you could request a reassessment from the program manager. Your refusal letter should have the details.

PMM

 

[heven268]

Request for Reassessment of the application

What is the process for reassesment? Should I go through my agent or do I have an option of doing it myself now? Should I have to do it from my home country or Can I do it from my host country (I am legally admitted in my host country for a period of 2 yrs)

Thanks

 

[PMM]

Re: Request for Reassessment of the application

Hi

What is the process for reassesment? Should I go through my agent or do I have an option of doing it myself now? Should I have to do it from my home country or Can I do it from my host country (I am legally admitted in my host country for a period of 2 yrs)

Thanks

Your choice, but you paid the representative I assume, you have to request the reassessment from the Program Manager of the office that you applied to. You have to outline why you think that the score doesn't reflect your ability to settle in Canada.

PMM

 

[heven268]

Process for Reassessment Request

Hi

My PR application under SWC has been rejected recently for want of documents. The rejection letter states that we have failed to submit the documents within the 90 days. Letter has been sent to my agent on 15th May 2008 by CHC for additional info. Agent never informed us about the requirement of documentation, but communicated to us on Dec 30, 2008, that our case was rejected. Agent insists that he never received any communication from CHC regarding the document request (I guess he has misplaced the CHC communication or an ovesight issue)

I wonder, if there is a way to make it work, again. I got few responses from this site that I can request for reassessment.

Can anyone tell me, how to do that? Should I call up the CHC and explain and request for reassessment or email them?

I appreciate your help

Thanks

 

[foreverwaiting]

Why don't you simply email CHC New Delhi explaining them that you have not recieved any request from them regarding updation of documents and see what they reply?

 

[PMM]

Hi

Why don't you simply email CHC New Delhi explaining them that you have not recieved any request from them regarding updation of documents and see what they reply?

Except that CHC will have proof that they sent the letter to the OP DESIGNATED representative, they are not his mother, if his representative screwed up, they will not help him/her out.

PMM

 

[helpmeimmigrate]

Hi There,

I am sad to read your post, these agents in India are so stupid , all they about is taking money.

Well I just finish writing the appeals process for someone else. What you should do is if you think you can handle it yourslef, which competent correspondence send a letter to CIC explaining the truth and tell them that your representative did not receive the letter, either it was misplaced or was lost in transit. Then you can request them to re send you the list of documents. in the meanwhile start collecting your documents like your updated bank statements and your educational documents for all, etc
If the CIC does not agree your only option will be to hire a good immigration lawyer, he will represent your case but it is up to him if he wants to do it, because it is really hard, you need someone who is in good standing with CIC.

The jurisdiction of cases filed against CIC is not India but Canada, so the case will be filed in Canada and only a Canadian bar lawyer can fight the case for you, but do you want to do that, instead you can hire an immigration lawyer and explain them your situation, you may be able to retain them and they will represent you in your case from there on. I can get you the address for a good immigration lawyer in Vancouver, but try to do it yourself first, only if they dont agree you can hire an immigration lawyer. I am not sure if the lawyer will take your case though because it really tough.

I work for an immigration consultancy and we do send letters to cic explaining clien'ts situations or asking for extensions and sometimes appeal for them in case of some misunderstanding, but your case is different and will be better handled by a lawyer. You will have to cancel your previous agent, for god sake do not do anything through him again.

GUd luck

 

[MUNAWARA]

HI THERE

my family applied under the skilles class in 2003 from pakistan. we received letter in dec 2008 that we cannot pass 67 points and the immigration officer want us to have ilets again to achieve reasonable score. my father attempted ielts but again he got 5 bands .... now i dont know what to do next either appeal ..where to go. any help would be appreciated.
im settled in canada and have PRC and applied for candian citizenship. is there any thing i could do for them from here.
thanks

 

[PMM]

Hi

HI THERE

my family applied under the skilles class in 2003 from pakistan. we received letter in dec 2008 that we cannot pass 67 points and the immigration officer want us to have ilets again to achieve reasonable score. my father attempted ielts but again he got 5 bands .... now i dont know what to do next either appeal ..where to go. any help would be appreciated.
im settled in canada and have PRC and applied for candian citizenship. is there any thing i could do for them from here.
thanks

1. There is no appeal if the refusal was valid in law.
2. Why don't you sponsor your father and his dependents? You could have done that at least 2 years ago.

PMM

 

[helpmeimmigrate]

PMM is right, why dont you sponsor them, why give them the pain of applying as skilled worker.

 

[MUNAWARA]

hi there

what if i contact MPA regarding my fathers case. any suggestions....

 

[inderjithanspal]

Hi

My sister have applied for Permanent residence of Canada under Federal Skilled worker category in New Delhi visa office under NOC code 4131 (College and vocational instructor) and NOC code 4141 (Secondary school teacher. The application was filed in May 2008, (without help of consultant) but after immigration rules changed in November 2008, the application was accessed for NOC code 4131 (College and vocational instructor) since it is listed in list of elligible occupations.

My sister had 2 years work experience as computer instructor in ITI. She was asked for complete documents and she sent the same and have now received rejection letter stating following reasons :
1) Experience certificate of ITI seems to be recently issued
2) Signature on records of attendance register of ITI does not match with signatures on application form
3) ITI name is not listed in website of "Department of Technical Education"

All above observations are wrong, since experience certificate submitted by her was dated 2001 and was an old certificate, but visa officer rejected it saying that it seems to be recently issued.
Signature on attendance register are not full signature, but initials of my sister.
ITI name is very much listed in website and my sister have also provided link of website in her application

Is there any way to appeal the rejection, since all observations of visa officer are mere speculations and not true?

Please advise.

Regards,

IS

 

[gur]

Hi
We applied for PR from India in 2003 through an agent. Recently, I learnt through the CHC website that our application status was 'decision made' before even we were asked for the medicals. CHC has taken the decision with our intial documents. (Neither CHC nor our agent requested us for any recent docs) Sooner we received a mail from our agent that our application was rejected. Agent has not disclosed the reason for rejection, instead he is asking us to approach his lawyers.

Now that since my case is rejected, Can I appeal the decision? If yes, how? Right now I am in US. Can I contact Buffalo office for appeal or I have to do it through my home country (CHC, India)?

Please help
Thanks

 

[atfirstsight]

I think it maybe a lit bit off topic, however, i think it is valuable to take a look at. It is about the way to attract the opposite sex. Please join here: how to attract.
Hope you find it good!