I Need Help, It is Top Urgent!

[bluejade]

My husband had an interview in Hongkong on July 30, 2014, He got a letter from the Canadian Immigration Section in Hongkong on September 26, 2014 requesting a updated Police Certificate, Medical Report and Notarized Marriage Certificate by 9/11/2014.

We missed the deadline because we did not receive the letter in time. The letter was dated on 8/11/2014 and was mailed from Hongkong by air mail on 8/12/2014, but my husband did not receive it until September 26, 2014 which had a postal stamp to prove it.

On the very day my husband got the letter, I sent an email with scanned copies of the both front and back side of the envelop showing the dates mailed and the date arrived in the post office. My husband just returned from Guangzhou to complete the Medical Report, and he got the new Police Report, and he is now waiting for the Notarized Marriage Certificate which will be ready within 15 working days.

In my letter I asked the Visa Officer to extend the deadline for submitting the additional documents to a later date in October, but I just received an email notification that my husband's application has been refused. I know that it was stated in their letter dated 8/1/2014 that failure in submitting the documents and his passport by the due date will result in refusal.

Please see some of the content of the email: " Your request for reconsideration of the refusal of your husband's application has been forwarded to an immigration officer for review.

You will only receive further communication from our office if the decision on your application has changed. If it is determined that the decision rendered was correct in law and in fact you will not be notified.

If you wish to launch an appeal of your permanent residency determination with the Immigration Appeals Division, ensure that you follow the steps outlined and the appeal deadline as stated on your refusal letter."

There is a 7-day holiday in China right now, all the public sectors will not be opened for business until October 8, 2014. I really need help in how to appeal this case.

Please give me some advise on what to do and how to do. Thank you in advance for your help!

 

[Gango is waiting]

the sponsor has the right to appeal within 30 days from the date he got the appeal form. but you can ask your husband to scan and email the refusal letter and you can download the appeal form from the website then fill it up by yourself and send it. if you can hand it over or can mail too.
you dont need to worry about bcoz now you have the requested documents in your hands right? so, according to my knowledge i know that they will ask you a written submission. so, then you can make a good explanation letter (they normally ask an explanation letter) saying about all the story what has happened with the delayed mail. so, then you have to submit the cover letter and the documents back to the Ministers counsel and to the IAD. they will tell you what you should really do. so, dont worry.
and as early as you send the appeal form you'll get a Date of written submission very soon.

 

[bluejade]

My husband has not received the refusal letter and properly not until October 8 or later because there is a one week official holiday from Oct 1 to 7 in China right now.

Can I ask them to send me electronic appeal form so that we can fill out the forms before the appeal date expired?

Please advise!

Thanks!

 

[bartjones]

You can read about the appeal process here http://www.irb-cisr.gc.ca/eng/boacom/references/procedures/pages/processspopar.aspx

The form you need to commence the appeal along with instructions on what to do are here http://www.irb-cisr.gc.ca/Eng/res/form/Pages/IadSai428Intro.aspx

Looks like you've already found the thread dealing with appeals. Good luck.

 

[canuck_in_uk]

You don't want to appeal. Appeals cost thousands and thousands of dollars and take years. And since CIC is not responsible for the postal system or the delay in receiving the request letter, their refusal is actually justified under the law and an appeal would have little chance of success.

Call your MP. Ask them to contact CIC explaining that because the letter did not arrive in time, you were unable to comply but you now have the requested documents and request that they reopen your file.

If CIC refuses to reopen the application, then your best option is to submit a brand new one. It sucks to start all over again but it will be MUCH faster and MUCH cheaper than appealing.

 

[Mazar_Sponsor]

Have you tried emailing the HKVO ( Hong kong Visa Office of the proof and your situation?

You should email Mississauga or perhaps the call centre regarding the issue your facing.

If no answer, do what the appeal letter/email have said. Whay other choice do you have?

 

[bluejade]

Appeal is the last thing I want to do. It is not fair to refuse my hubby's application because it is not our fault. I am so disappointed and sad, I couldn't sleep at night. We both are trying so hard to be together to do all the things we want in our lives. Why it is so hard for us?

I did email the VO in HK with scanned envelop with postmark showing the date of receiving by the General Post Office in the City. I also emailed the timeline from the date my hubby the letter. He got all documents ready except an notarized document because it takes 15 working days for the Notary Public to have the document notarized.

Shall I submit all documents when the notarized document is ready and wait until they give me further instruction?

 

[Kayaker]

I second canuck_in_uk's suggestion - go talk to your MP about this, with all the proof (postmarked letters, etc) you have. You don't have anything to lose and if you're lucky they will reconsider? Even if they don't - what do you have to lose? If I were you I'd go there first thing tomorrow morning. One of his/her assistants will make inquiries on your behalf.

 

[bluejade]

ok, good idea!

I will contact my MP tomorrow. Thanks!

 

[bluejade]

I contact my MP, emailed all my evidence and proofed documents, The MP's assistant has been trying to to phone CIC, but no answer. They sent email asking them to reconsider, no reply.
I got a copy of the refusal letter and an appeal form, I think I have to appeal.

The reason they refused my hubby's application is because they did not receive the additional documents by 9/11, but by hubby did not receive the letter until 9/25. My request for reconsider my hubby's application is reasonable and lawful, don"t you think so?

What do need to do in order to to win the appeal?

 

[rhcohen2014]

I contact my MP, emailed all my evidence and proofed documents, The MP's assistant has been trying to to phone CIS, but no answer. They sent email asking them to reconsider, no reply.
I got a copy of the refusal letter and an appeal form, I think I have to appeal.

The reason they refused my hubby's application is because they did not receive the additional documents by 9/11, but by hubby did not receive the letter until 9/25. My request for reconsider my hubby's application is reasonable and lawful, don"t you think so?

What do need to do in order to to win the appeal?

you are far better off reapplying with the missing documents than you are appealing. when you reapply, you only have to wait as long as the visa office takes to make a decision, and since you were refused because of missing documentation, your changes seem good. if you appeal, it will take years and thousands of dollars for the chance to tell a judge you missed a document deadline, and then you will still have to get back in line for approval at the visa office. i don't think appealing is worth it in your situation. definitely consider just reapplying, and make sure you include whatever was missing before.

 

[Graihn]

Why the hell would they (your VO) send out these requests by snail mail and not email? It is not like it is certified post.

 

[rhcohen2014]

Why the hell would they (your VO) send out these requests by snail mail and not email? It is not like it is certified post.

if no email was provided for the applicant, CIC will send all communication by regular mail, and I suspect there could be visa offices that prefer regular mail than email.

 

[truesmile]

I contact my MP, emailed all my evidence and proofed documents, The MP's assistant has been trying to to phone CIS, but no answer. They sent email asking them to reconsider, no reply.
I got a copy of the refusal letter and an appeal form, I think I have to appeal.

The reason they refused my hubby's application is because they did not receive the additional documents by 9/11, but by hubby did not receive the letter until 9/25. My request for reconsider my hubby's application is reasonable and lawful, don"t you think so?

What do need to do in order to to win the appeal?

They would need to be absolutely wrong as a matter of law. It seems to me that they are not. As suggested by many already, forget it and reapply.

 

[Awesomeg]

You don't want to appeal. Appeals cost thousands and thousands of dollars and take years. And since CIC is not responsible for the postal system or the delay in receiving the request letter, their refusal is actually justified under the law and an appeal would have little chance of success.

Call your MP. Ask them to contact CIC explaining that because the letter did not arrive in time, you were unable to comply but you now have the requested documents and request that they reopen your file.

If CIC refuses to reopen the application, then your best option is to submit a brand new one. It sucks to start all over again but it will be MUCH faster and MUCH cheaper than appealing.

I totally agree with this post.... Appeal wont be an easy or in any way short process,... it can take lots of money and a few years...
while In the other hand re-applying would be a better option...

But before doing that I think that with the help of your MP the file has very high chances to be re-opened, because
it was not your fault that the mail was delay...
sometimes they use shorter time-frames than those stipulated by the regulations, and that might help your case (if that is the case)
In any case, I would proceed in that way....

Appeal, I would not take that road in your case.

Good luck