Lawsuit possibilty against CHC Islamabad

[DON2]

Hello everyone
We are the victim of Canadian High Commission Islamabad several of us applicants were put in interview queue in 2010 and we still have not received any response about our interview from High Commission. Average time on CIC website of Islamabad is 26 months while some of us even have crossed 26 months of processing.
I am thinking now to ask my spouse to file an appeal in Canadian court of law against this act of Canadian High Commission.
I would like to know is it possible that we can file an appeal for this in court?
Any comment or suggestion or even previous experience would be highly appreciated.

 

[Fencesitter]

The key word in your post is "average". How much over due are you? 1 month? 2?

I wouldn't think of an appeal until you know the results from the interview.

I'd also steer clear of filing a lawsuit, at least at this stage, as you really have no grounds for it.

Contact them and find out what's going on...that's the best you can do at this point.

The more people you have together, in the same situation, the stronger the possibility they will respond to you.

Good luck!

FS

 

[scylla]

There's nothing for you to appeal (your files haven't been refused).

You could look into a "writ mandamus". However I don't think you've been waiting long enough yet for a writ mandamus to work (I'm sure a lawyer could confirm).

You should really consult with a lawyer.

 

[DON2]

well most of the cases they are finalizing between 14 to 18 months but applicants in interview queue have been waiting from more then 26 months.
1 of the applicant is in 30th month of processing and still no interview call for her husband.
do u all think it is fair that we have been waiting for such a long time?

 

[Steph C]

If you're in Canada then talk to your MP about inquiring into your case.

 

[DON2]

MPs are just making case specific inquiries and not helping either and if you directly send email to CHC they take at least a month to reply your email
and their replies are also generic mostly that they cannot provide the date of interview.

 

[scylla]

do u all think it is fair that we have been waiting for such a long time?

If you're thinking of taking legal action, "fair" doesn't factor into it. It's about legal obligation. I'm no lawyer and can't comment on what CIC's legal obligation is in your case and if they have met it. Again, I think you or your wife needs to speak with a qualified attorney if you want to pursue this.

 

[CharlieD10]

Nowhere does it say the timelines given by CIC are legally binding. They are under no obligation to even conduct an interview, actually. The structure of the legislation is such that Immigration is a "self-reporting" system. If an applicant does not prepare an application that satisfies the requirements of the legislation, CIC is under no obligation to arrange for an interview. They are free to make a determination (deny or approve) based solely on the information presented in the application and in support of it. They choose to schedule interviews as a matter of procedural exceptions, not as a matter of standard operating procedures.

In other words, you can't demand or expect CIC to conduct an interview with you. And you can't sue them into doing so, because you don't have a contract or anything else with them obligating them to do so and giving you legal standing to enforce it.

If you're going to pursue legal action against them, as scylla said you need a better argument than "it's not fair".

 

[Hello121]

Do the times listed (26 months Islamabad, 22 months Singapore...) still have anything to do with those placed in the interview queue?

On our interview sheet it said something along the lines of, 'since we are required for interview our case will fall outside of normal processing standards.'

 

[Yogi3845]

Normal wait times for Pakistan is anyway high and if you are unfortunate amongst the lot to get caught in the interview net then you need to wait for up to 3 years. I have come across cases waiting for 4 years for interview

 

[scylla]

Do the times listed (26 months Islamabad, 22 months Singapore...) still have anything to do with those placed in the interview queue?

On our interview sheet it said something along the lines of, 'since we are required for interview our case will fall outside of normal processing standards.'

I believe normal processing times are anything less than or including the times listed (the times listed represent how long it took for CIC to complete processing for 80% of applications). If your application falls outside of normal processing standards, I think it's safe to assume it will take longer than the posted processing time.

Sorry you fall into this category. The wait must be horrible.

 

[jnathan]

DON2

Dont file a lawsuit.
There are 1000 other applicants waiting to be interviewed who were selected long before you were.
you want your interview to be taken before theirs? Why?
What would you reply to the Judge if you were asked in the hearing?

 

[Hello121]

Sorry you fall into this category. The wait must be horrible.

Up until today it was horrible, now its just downright macabre. Just found out that KISS and Motley Crue are playing Toronto, together, in September. My all time 1 and 2 fave childhood rock bands. Playing together... same night.. while they are still able to karaoke. This will never happen again and the wife and I will miss it. :'(lol