Now that's much better! Reading through her old posts, reason #1 becomes stronger in my mind. Forget that he paid the fee, it's the other things said during the conversation that were misleading. And if her husband is refused, those are arguments she can make either by THEN requesting a reconsideration of the Program Manager or by appealing to the IAD.CharlieD10 said:Thank you, rjessome, for that!
I agree with you that #9 is the only issue for procedural fairness, but here's why I would press it: the timing of the events with regard to the RPRF request and the interview convocation. The applicant was requested/advised to pay the RPRF and only AFTER this had been done (payment made), was he advised that he was being convoked to an interview. Habibti may need to correct me (I can't trace her posts just now) but he was also advised about the interview within less than 30 days of the interview date, if memory serves me correctly, or if it doesn't then it was still somewhat "short" notice.
Something about things happening in that sequence just screams to me that someone didn't know what they were doing. Here's an applicant whose sponsor has deferred payment of the RPRF until a decision has been made by the visa office, you advise her to go ahead and pay it (thereby implying that you are making a favourable decision)...and then you yank him into a hostile interview shortly thereafter and threaten to deny his application? Nobody needs to be subjected to that. That's either poor processing or poor communication (#1). Whatever it is, they've caused this couple a lot of unnecessary distress, IMO.
Further, not only do you yank him into a hostile interview, but you also refuse to consider documents and information YOU requested he bring to make his case! (#3?)
Well, Habibti, it looks like you have to wait another 60 days before you know what's going on...I wish you guys all the best, and hope you hear nothing (regarding a denial, that is) and that your husband's processing just proceeds to his background checks. You guys hang in there.
One of her old posts says that they had previously sent in more information per their request. She doesn't state whether or not he was asked to bring anything additional to the interview as well.
If they are refused, Rules 1, 2 and 6 would be her best to use IMHO, depending upon the reasons for refusal (probably Section 4) and throw in #9 for good measure. Could be that the person who phoned him was locally engaged staff and not the VO deciding. Still, it's CIC's responsibility to ensure that communication is accurate. Of course, admissibility issues are a different ballgame.