Inland Application 2011

[hazard]

Have etobicoke contacted you

 

[peter74]

Have etobicoke contacted you

Never! Local MP Ted Opitz told me my file has been transferred to Etobicoke on 02 feb 2013. Nobody from CIC.

 

[hazard]

Peter did u get AIP

 

[Tecle]

I landed today, just 2 minutes, my appoinment was at 9:45 they call my name around 9:42(early) and was done at 9:49 really fast just sign, any crime? Any dependants? Congratulations, bye bye

 

[peter74]

Peter did u get AIP

CIC VEG can't make a decision on my file and transfer my file to ETOB without AIP on 08/02/2013. NO LETTER, NO UPDATE IN ECAS

 

[computergeek]

Hi. I sent application to sponsor my wife back in 09/2011 and a year later VEG ask for police clearance and medicals. Since then no letters from any where and 01/2013 contact my local MP with question to find what is going on. Week later he called me and told me VEG can't make a decision on my file and transfer my file to ETOB without AIP on 08/02/2013 and in 6 month period ETOB should call us for an interview. 6 months period is over on 08/08/2013 and I called them to ask what is going on?
The agent told me they gonna need more time because of "ongoing investigation" on my file.
p.s. I don't have any criminal record, nor my wife.
My ECAS shows:
11 Sep 2011 - we received your application to sponsor XXXXXXXXXXXXXXXX
14 Oct 2011 - we started processing of your application to sponsor XXXXXXXXXXXXXXXX
08 Aug 2012 - we received your medical information

Nothing after.........

Have you ordered your electronic notes via the ATIP process? If not, you should do so (ideally do so jointly with your spouse/partner). That should tell you why your application has been sent to a local office.

Normally the reason for a transfer prior to AIP is that they have concerns about the legitimacy of the relationship. Unfortunately, until they move the case forward there is little that you can do unless you wish to hire an attorney and pursue legal action through the courts. That is an option at your point because you are now at two years for a process that should take less than two years. Such a legal action is a request for Mandamus. From my own study, it seems that requests for Mandamus typically cause CIC to take action (most such cases never make it before the judge because the issue is resolved).

Your MP's response is weak. Telling you that the investigation is "ongoing" two years after you filed the original application is unacceptable and I would tell them that is the case.

 

[peter74]

Have you ordered your electronic notes via the ATIP process? If not, you should do so (ideally do so jointly with your spouse/partner). That should tell you why your application has been sent to a local office.

Normally the reason for a transfer prior to AIP is that they have concerns about the legitimacy of the relationship. Unfortunately, until they move the case forward there is little that you can do unless you wish to hire an attorney and pursue legal action through the courts. That is an option at your point because you are now at two years for a process that should take less than two years. Such a legal action is a request for Mandamus. From my own study, it seems that requests for Mandamus typically cause CIC to take action (most such cases never make it before the judge because the issue is resolved).

Your MP's response is weak. Telling you that the investigation is "ongoing" two years after you filed the original application is unacceptable and I would tell them that is the case.

LETTER FROM ATIP

" Good Day,
Please be advised that file # P-2013-0xxxx concerning XXXXX, xxxxx xxxxxxxx was due on August 6th 2013. Due to the high volume of requests we were not able to process your request within the expected time frame. The information will be sent as soon as possible.

Additional information about our Time frames available on our website: http://www.cic.gc.ca/english/department/atip/time.asp

Regards,

Client Service Representative | Représentant du service à la clientèle.
Access to Information and Privacy | Accès à l’information et protection des renseignements personnels
Citizenship and Immigration Canada | Citoyenneté et Immigration Canada
Government of Canada | Gouvernement du Canada

 

[peter74]

Such a legal action is a request for Mandamus.

Your MP's response is weak. Telling you that the investigation is "ongoing" two years after you filed the original application is unacceptable and I would tell them that is the case.

Never heard of Mandamus. Can you explain more please?
We think to go to the MP's office next week again.

 

[computergeek]

Never heard of Mandamus. Can you explain more please?

Here is how Mario Bellissimo (immigration attorney in Toronto) explained it:

A writ of mandamus or simply mandamus, which means "we command" in Latin, is the name of one of the prerogative writs in the common law, and is issued by a superior court to compel a lower court or a government officer to perform mandatory or purely ministerial duties correctly.

Mandamus is a judicial remedy which is in the form of an order from a superior court to any government, subordinate court, corporation or public authority to do or forbear from doing some specific act which that body is obliged under law to do or refrain from doing, as the case may be, and which is in the nature of public duty and in certain cases of a statutory duty. It cannot be issued to compel an authority to do something against statutory provision.

Source: http://www.cba.org/cba/cle/pdf/Bellissimo.pdf

 

[peter74]

Thanks computergeek. Is it ok when I go to the MP's office to write down a letter explaining my situation or just I can speak whit him. Previous time I have been there I didn't bring letter

 

[computergeek]

Thanks computergeek. Is it ok when I go to the MP's office to write down a letter explaining my situation or just I can speak whit him. Previous time I have been there I didn't bring letter

If writing it down helps you organize it better, do so! Nothing says you have to do it verbally without notes.

 

[Watchie]

Watchie I thought you had gotten AIP.

Still work in progress I think!!!!

 

[peter74]

ATIP notes received. Now what? I can't understand anything? Any help what to do with those notes?

 

[jiggyzealous]

ATIP notes received. Now what? I can't understand anything? Any help what to do with those notes?

Plese redact your personal information (name, DOB etc) and post the content of the notes. We'll see how best we can help you interpret it

 

[peter74]

ok i will do it, but they are 42 pages. am i going to attach all of them?