Is complaining about the visa officer a good idea?

[canadianwoman]

What do you think about complaining about the inappropriate behavior of the visa officer at the interview? The visa officer who interviewed my husband acted extremely inappropriately, in my opinion and in the opinion of others (including a visa officer from Australia that I know.) My husband's application was rejected and we are now waiting for our appeal. If I complain to the CIC, do you think it would hurt us? This is what has prevented me from complaining - the fact is, if our appeal is allowed, the file goes back to the same visa post. If the visa officer knows we complained, she may be vindictive. The problem is, I've been reading cases on CANLII. Several times rejected applicants have alleged that the visa officer doing the interview did something wrong, and the person hearing the appeal will always say something like: "Well, why didn't you complain? No complaints were filed, so I guess you are just making up this complaint now to try to help your case." And then, because he doesn't believe you, he is even less likely to grant your appeal.

So what should I do? If I don't complain, that will be taken as evidence that the visa officer did nothing wrong. If I do complain, the same visa officer (or one of her colleagues at the same visa post) will be getting our file after the appeal is allowed, and may, out of anger, refuse us again.

 

[niseguy]

whats ur timesline...? are u inland or ou lnd??? what happened?

 

[racoon]

Well, i have been following your story for quite a while now, and I would complain!
If you write your complaint in a diplomatic manner, it should not hurt you case (in my mind), plus you will have more to say during your appeal (which will be absolutely beneficial). So, I would complain. Absolutely! So many people are simply afraid of the immigration, that nobody complains about anything, thus the quality of service we get declines. So, anybody who has a legitimate reason to complain should do so.

I just asked some friends of mine how was it to immigrate 5 years ago (only 5 years) and it was much simpler and straight forward. We should also probably collectively write to the government and tell them our stories (a lot of them), and how long and stressful the process is, tell them how long families cannot be together (especially from some countries were obtaining TRV is close to impossible) and how long people are in the limbo. (Just an idea) Or may be we should write a book =)) will be a best seller, because of all the heart breaking stories.

So absolutely do it!

Cheers and best of the best luck, Raccoon

 

[PMM]

Hi

What do you think about complaining about the inappropriate behavior of the visa officer at the interview? The visa officer who interviewed my husband acted extremely inappropriately, in my opinion and in the opinion of others (including a visa officer from Australia that I know.) My husband's application was rejected and we are now waiting for our appeal. If I complain to the CIC, do you think it would hurt us? This is what has prevented me from complaining - the fact is, if our appeal is allowed, the file goes back to the same visa post. If the visa officer knows we complained, she may be vindictive. The problem is, I've been reading cases on CANLII. Several times rejected applicants have alleged that the visa officer doing the interview did something wrong, and the person hearing the appeal will always say something like: "Well, why didn't you complain? No complaints were filed, so I guess you are just making up this complaint now to try to help your case." And then, because he doesn't believe you, he is even less likely to grant your appeal.

So what should I do? If I don't complain, that will be taken as evidence that the visa officer did nothing wrong. If I do complain, the same visa officer (or one of her colleagues at the same visa post) will be getting our file after the appeal is allowed, and may, out of anger, refuse us again.

If you feel strongly about it complain, but if you weren't at the interview, it should be your spouse complaining, so anything you have heard is hearsay.

PMM

 

[canadianwoman]

Thanks raccoon, and PMM.

whats ur timesline...? are u inland or ou lnd??? what happened?

We applied in January, 2008 - outland. The interview was in Accra, Ghana, in May, 2009. My husband's application was rejected. We filed notice of appeal, which was received in July, 2009. No appeal date has been set yet.

I was with my husband in Accra, so the VO interviewed both of us, separately.

 

[Fernandita]

Maybe you can write a letter to one minister, that can help you appeal? no.?

 

[boyee6576]

Well I have had concerns of that myself. My husband is from India and he was rejected to. His visa officer was extremely rude and racists in my opinion. She said the only reason my husband was married to me is because Indians chase after white skin. She made rude comments on my appearance and myhusband even argued with her. I am not model material but her opinions of how I look were really not important. SHe said that Indians shouldnt marry Canadians and all kinds of things that I wont go into but you get the idea. I was livid. I got a letter from my husband about the situation and I wrote a letter myself. I wrote to the Canadian Embassy in Delhi and I also got a response. I was a bit shocked I thought they would think I was a disgruntled wife. They said if the officer has said such things then its indeed inappropriate behaviour. They did do (so they said) an internal review of her actions and it was a he said she said, but a not has went on her work file that she is not to be found in such position again. I dont know if she would dare to mess with our file since she has a mark on her work file. But I worry. I think it actually helped in our appeal since I had the letter from the embassy about the situation. We won our appeal. but now I am concerned that the same officer will mess things up and delay things out of spite. But I had debated with this before contacting the embassy about it but I thought something has to be done. I had contacted my local MP that was a huge waste of time. I might as well tried to rope the moon as go that route. So I can certainly understand your concerns since I am still concerneed about it myself I felt something had to be said for the sake of others as well as for me and my husband. I realize they need to be strict but she asked even questions about our sex life that was too much. My husband was shocked, being a shy Indian man those things are just not talked about especially to a woman your not married to. So I dont know how this will turn out. but I am glad i complained.

 

[boyee6576]

PS..
Once you have one your appeal the visa officer has to continue processing your visa. I even called the appeals board to make sure there was NO WAY this could be rejected again. I was told that once the lawyer for the Minister of immigration agrees its a done deal. I have received my letter that I have been granted the appeal and this is what my letter says:

After reviewoing the information in this appeal, and the consent of the joint recommendation of both parties, as indicated in the signed Summary of Agreement, this appeal is allowed. The officer's decision to refuse a permant resident visa is set aside, and the officer must continue processing the application in accordance with the reason of the Immigration Appeal Division, as set out in the Summary of Agreement.

So the Officer can NOT reject it.

Hope this rests your mind a little.

 

[fibud]

I would recommend writing both your experiences with the IO to the Program Manager in Accura: Mr. Mark Giralt.

As it has been almost a year since the interview took plave, it would be wise to also briefly discuss the concerns you had about the inappropriate behaviour - ie. were uncertain how writing a formal complaint could effect your appeal negatively - but after seeking advice realize that it is important to document situations which you felt uncomfortable or mistreated and could have effected the outcome of the decision in your case.

ensure you keep a copy for your records - and proof that you submitted it (courier tracking number).

GL!

 

[matthewc]

PS..
Once you have one your appeal the visa officer has to continue processing your visa. I even called the appeals board to make sure there was NO WAY this could be rejected again. I was told that once the lawyer for the Minister of immigration agrees its a done deal. I have received my letter that I have been granted the appeal and this is what my letter says:

After reviewoing the information in this appeal, and the consent of the joint recommendation of both parties, as indicated in the signed Summary of Agreement, this appeal is allowed. The officer's decision to refuse a permant resident visa is set aside, and the officer must continue processing the application in accordance with the reason of the Immigration Appeal Division, as set out in the Summary of Agreement.

So the Officer can NOT reject it.

Hope this rests your mind a little.

Not quite. They cannot reject the file again for the same reason, but could reject it for a new reason.

For example: they refuse because they are not satisfied your marriage is legitimate, then you appeal, and win, and the file returns to the visa office to continue processing. They cannot refuse a second time on the basis of the relationship, but if they then found out you committed a crime, they could refuse due to criminal inadmissibility.

 

[boyee6576]

Well thank God there is nothing criminal in our case other than how we have been treated lol