My refusal history, any chance we can appeal?

[galascorp]

Hi everyone, please read about my case and give me your opinion if. Is there any chance of winning if I appeal?
How long would it take approx.? any idea how much would it cost to hire a lawyer? my NOC 1111 is not on the list anymore
your advice will be deeply appreciate it

I will give you some details of our case:

Applied under the FSW stream
App Filed at Local Canadian Visa Office - March 27, 2007
Local Canadian Visa Office - Mexico City, Mexico
AOR Received date - April 26, 2007
Highest degree - Bachelors (4-years)
Work experience - More than 10 years
Job offer in Canada - No
Let VO know about new member of family - Born on February, 2009
Documents requested - May 8, 2009
Documents Delivered - September 7, 2009
Change of address - April 21, 2010
Additional POF requested - June 21, 2010
Denial date - September 13, 2010

This is the reason of refusion stated on the letter I've just got:

"According to the most current Low Income Cut-off for urban areas with populations of 500,000 or more, the amount required for a family of four is CAD $ 20,599. On your application for permanent residence, you indicated thar you counted with CAD $ 20,130. These funds are lower than the LICO required figure. By letter addressed to you on 21 June 2010, you were requested to present additional proof of funds. In response, you presented new bank statements reflecting CAD $ 40,102. However, such documents show that large deposits were made to your account recently after the request of documents. I am not satisfied that these funds are actually available for you to establish in Canada. "

At the time when they requested my documents on May 2009, I did not have the money in cash, I did have several assets, vehicles and 2 houses, so in order to get the money I needed to show, I sold 3 vehicles between June and July of 2009. I deposited those amounts in the bank. I don't really know if I understood right but They said that if my visa was approved, I was going to have 30 days to present the required funds.
This is part of the letter I received on May 8, 2009 :

Proof of Funds
< Bank statements and passbooks which are sufficient to prove that you count with the
required funds
< Fixed deposit receipts.
< Securities (shares, debentures, bonds)
< Properties ownership. If most of the funds are attached to properties but you do not
count with sufficient available and transferable funds, before a visa is approved, we
will grant 30 days to present the required funds. Otherwise, the visa will be refused.
You may make arrangements to count with the required amount, however, we
recommend you not to dispose of your properties.

On September 7, 2009 the documents were delivered at the Embassy of Canada in Mexico City; everything was in the package but the bank statements because I did not get them on time, so I sent a bank letter instead, stating the amount of funds We had at that time.

On October of 2009, one of my brothers asked me to lend him $ 130,000.00(mexican pesos)(about CAD$10,400). I did not even think about it, I lent it to him thinking that I was not going to need the money until We were actually going to move to Canada ( big mistake I made but I really did it innocently). When I was requested to present additional proof of funds on June 21 of 2010; at that time, I did not have the money so I asked my brother to pay me back immediatly. It took him few days to get me all the money back, but He did pay me. That is why large amounts of money were deposited the last days of the month of July 2010.

Once we got the bank statements for the month of June of 2010 with the required funds (about CAD $ 20,960) we sent them to the VO in Mexico City, along with the bank statements of July of 2009 (about CAD $ 20,130) we had missed at that time, thinking that maybe they had requested me the POF again because the bank letter I had sent on September 2009 was not enough. I wrote a cover letter explaining what I was sending.

When a Lady from the VO questioned me by phone about the large deposits I had made on the bank, I explained everything to her. She just said She was going to tell this to the Oficer in charge of my case.

On the refusion letter they say that I presented new bank statements reflecting CAD $ 40,102 which I never did, they mistakenly added both the 2009 and the 2010 bank balances.

On September 13, 2010 I've got an email saying that my case was refused and that a letter had been sent to me by regular mail stating the reasons for refusing my application for permanent residence in Canada.

On September 24, 2010 I've got a letter addressed to my new address (wich was exactly the same letter I had gotten by mail before.

On September 24,2010 ( I am guessing the date since we are not living in this address anymore, we just visit it every now and then ) I 've got the refusal letter addressed to my old address wich provided me with the reasons for refusing my application. This letter has a mistake on the date also (it says August 18, 2009)


thank you guys!

 

[explorer101]

There seems to be error in calculation on the part of Visa Officer and it can be corrected by Visa Office on your representation. You have the option to appeal also but that is quite expensive ( $2000 -$4000) and takes a long time ( 1-2 years). You can also say to Visa Office that in case of some ambiguity you should have been callled for face to face interview to explain. Do write all the facts of accumulation of selltement money in your account. Like selling of vehicles, property, do send supporting documents. Do mention that you have converted your immovale and movable assets to currency to show & use as settlement money. Highlight the inherent mistake in addition of amount of 2 bank statements. So write a detailed letter and request for reconsideration of your decided application. Do send updated POF as fresh evidence.

 

[canada_dream100]

check your mailbox (private message).

good luck.

 

[wxyz123]

Hi everyone, please read about my case and give me your opinion if. Is there any chance of winning if I appeal?
How long would it take approx.? any idea how much would it cost to hire a lawyer? my NOC 1111 is not on the list anymore
your advice will be deeply appreciate it

I will give you some details of our case:

Applied under the FSW stream
App Filed at Local Canadian Visa Office - March 27, 2007
Local Canadian Visa Office - Mexico City, Mexico
AOR Received date - April 26, 2007
Highest degree - Bachelors (4-years)
Work experience - More than 10 years
Job offer in Canada - No
Let VO know about new member of family - Born on February, 2009
Documents requested - May 8, 2009
Documents Delivered - September 7, 2009
Change of address - April 21, 2010
Additional POF requested - June 21, 2010
Denial date - September 13, 2010

This is the reason of refusion stated on the letter I've just got:

"According to the most current Low Income Cut-off for urban areas with populations of 500,000 or more, the amount required for a family of four is CAD $ 20,599. On your application for permanent residence, you indicated thar you counted with CAD $ 20,130. These funds are lower than the LICO required figure. By letter addressed to you on 21 June 2010, you were requested to present additional proof of funds. In response, you presented new bank statements reflecting CAD $ 40,102. However, such documents show that large deposits were made to your account recently after the request of documents. I am not satisfied that these funds are actually available for you to establish in Canada. "

At the time when they requested my documents on May 2009, I did not have the money in cash, I did have several assets, vehicles and 2 houses, so in order to get the money I needed to show, I sold 3 vehicles between June and July of 2009. I deposited those amounts in the bank. I don't really know if I understood right but They said that if my visa was approved, I was going to have 30 days to present the required funds.
This is part of the letter I received on May 8, 2009 :

Proof of Funds
< Bank statements and passbooks which are sufficient to prove that you count with the
required funds
< Fixed deposit receipts.
< Securities (shares, debentures, bonds)
< Properties ownership. If most of the funds are attached to properties but you do not
count with sufficient available and transferable funds, before a visa is approved, we
will grant 30 days to present the required funds. Otherwise, the visa will be refused.
You may make arrangements to count with the required amount, however, we
recommend you not to dispose of your properties.

On September 7, 2009 the documents were delivered at the Embassy of Canada in Mexico City; everything was in the package but the bank statements because I did not get them on time, so I sent a bank letter instead, stating the amount of funds We had at that time.

On October of 2009, one of my brothers asked me to lend him $ 130,000.00(mexican pesos)(about CAD$10,400). I did not even think about it, I lent it to him thinking that I was not going to need the money until We were actually going to move to Canada ( big mistake I made but I really did it innocently). When I was requested to present additional proof of funds on June 21 of 2010; at that time, I did not have the money so I asked my brother to pay me back immediatly. It took him few days to get me all the money back, but He did pay me. That is why large amounts of money were deposited the last days of the month of July 2010.

Once we got the bank statements for the month of June of 2010 with the required funds (about CAD $ 20,960) we sent them to the VO in Mexico City, along with the bank statements of July of 2009 (about CAD $ 20,130) we had missed at that time, thinking that maybe they had requested me the POF again because the bank letter I had sent on September 2009 was not enough. I wrote a cover letter explaining what I was sending.

When a Lady from the VO questioned me by phone about the large deposits I had made on the bank, I explained everything to her. She just said She was going to tell this to the Oficer in charge of my case.

On the refusion letter they say that I presented new bank statements reflecting CAD $ 40,102 which I never did, they mistakenly added both the 2009 and the 2010 bank balances.

On September 13, 2010 I've got an email saying that my case was refused and that a letter had been sent to me by regular mail stating the reasons for refusing my application for permanent residence in Canada.

On September 24, 2010 I've got a letter addressed to my new address (wich was exactly the same letter I had gotten by mail before.

On September 24,2010 ( I am guessing the date since we are not living in this address anymore, we just visit it every now and then ) I 've got the refusal letter addressed to my old address wich provided me with the reasons for refusing my application. This letter has a mistake on the date also (it says August 18, 2009)


thank you guys!

you were only short of $400. i think when you showed huge sums of money $40,000 they got suspicious. you should have shown little more than you needed instead of double amount $40,000. i think you can appeal and should. best is contact best lawyer in canada. check on internet for lawyer in canada.do not do on your own. this is my opinion.

 

[galascorp]

Hi wxyz123, thanks for you reply

I did not double the amount or deposit more than CAD$40,000, they added both bank statments the ones from 2009 and the ones from 2010, thats how they get that amount.

 

[wxyz123]

Hi wxyz123, thanks for you reply

I did not double the amount or deposit more than CAD$40,000, they added both bank statments the ones from 2009 and the ones from 2010, thats how they get that amount.

i heard from people if you want to appeal go for a good lawyer in canada. do not do on your own. there are very good chances of winning the appeal if you submit through a lawyer

 

[galascorp]

Could anyone suggest a good & fair lawyer?

Thank you in advance

 

[Pippin]

First and foremost I would write what others refer to on the Forum as a SOFT letter. Explaining clearly, with documents attached, where their error was in DOUBLING your bank balance by adding the two years together. Once that is dispatched I would think about other options, but that HAS to be done immediately. It is clearly their error and may only require bringing to their attention. Have all fingers crossed that you can resolve this stressful situaiton smoothly. Good luck.

 

[explorer101]

Could anyone suggest a good & fair lawyer?

Thank you in advance

If someone is fair, he cant qualify to be lawyer. Try to send letter to Visa Office first.

 

[wxyz123]

why i said lawyer because they present the case in more professional and effective way and they have a lot of experience in dealing with appeals. its upto you anyway what you choose to do.

Was Your Canadian Immigration Application Refused?
What are your options?
If you get a letter in the mail from Canada Immigration advising you that your application for Canadian immigration was refused, do not panic! You have options.
You may be eligible to Appeal your Canadian Immigration Application Refusal to the Federal Court of Canada within a certain period after you were notified of the refusal by Canada Immigration.
You may be eligible to Appeal your Canadian Immigration Application Refusal to the Immigration Adjudication Division (IAD) within a certain period of after your application was refused by Canada Immigration.
You may be able to make a request for Restoration to the Case Processing Centre (CPC) after being notified if the refusal

 

[galascorp]

I am really confused guys and I am asking for your guidance, please ......

There is a person who gave me his opinion about my case and he told me this :

"Unfortunately there is no right of appeal in the skilled worker class. The money moving around clearly has the IO thinking that you borrowed the money in order to show you have enough to land in Canada. There's really nothing to my knowledge that you can do, except apply again later.

You could try writing back to the visa office, but honestly, I really doubt that once they've refused the application they would look at it again ".

I also contacted a Lawyer and He says this :

"In this case the decision can be challenged as unreasonable because you provided the required proof of funds to the visa office and explained where the money came from to a visa office staff member, yet were refused on the basis that the visa officer was not satisfied you had the necessary funds. Clearly, the decision is unreasonable. You therefore have a good case for appeal, in my opinion."

Please, I need your wise advice, I am willing to pay a Lawyer and to wait for as long as it takes, but I wouldn't like to pay someone knowing that there is nothing to do about my case.

Thanks a lot guys, I really appreciate your comments.

 

[kabayan]

you can appeal your case. if you have the receipts or proof that you have sold your assets, this may help in justifying why a huge sum was deposited to your account. just make sure that you outline your points well. every point should be accompanied by certified eveidenciary proof

 

[wxyz123]

I am really confused guys and I am asking for your guidance, please ......

There is a person who gave me his opinion about my case and he told me this :

"Unfortunately there is no right of appeal in the skilled worker class. The money moving around clearly has the IO thinking that you borrowed the money in order to show you have enough to land in Canada. There's really nothing to my knowledge that you can do, except apply again later.

You could try writing back to the visa office, but honestly, I really doubt that once they've refused the application they would look at it again ".

I also contacted a Lawyer and He says this :

"In this case the decision can be challenged as unreasonable because you provided the required proof of funds to the visa office and explained where the money came from to a visa office staff member, yet were refused on the basis that the visa officer was not satisfied you had the necessary funds. Clearly, the decision is unreasonable. You therefore have a good case for appeal, in my opinion."

Please, I need your wise advice, I am willing to pay a Lawyer and to wait for as long as it takes, but I wouldn't like to pay someone knowing that there is nothing to do about my case.

Thanks a lot guys, I really appreciate your comments.

this satement

"I also contacted a Lawyer and He says this :

"In this case the decision can be challenged as unreasonable because you provided the required proof of funds to the visa office and explained where the money came from to a visa office staff member, yet were refused on the basis that the visa officer was not satisfied you had the necessary funds. Clearly, the decision is unreasonable. You therefore have a good case for appeal, in my opinion."

it is evident from above statement that yes you can appeal. you lawyer meant that visa office decision was unreasonable.

so go ahead and appeal. i also mentioned some lawyers in my last post. check those links. good luck to you.

 

[Sisifo]

Is your lawyer genuine or is he after your money ?
I am not sure how he can state that the visa officer was unreasonable. From these posts i haven't read anywhere that you actually showed or provided the VO with actual proof where the money came from. ie receipts , transfer of ownership of car , sales record etc. All you had was a verbal conversation. You need to remember that while your case may be genuine , unfortunately there are many other applicants who do just what the VO believes has happened in your case. They borrow money and inflate their accounts for POF purposes and then return it after it is not needed. Hence the VOs treat all such cases as suspicious. So the claim that the VO is unreasonable is baseless in my opinion.

You need to prove to them that your case is actually legitimate. I suggest that you do write back and show all the proof of where your funds came from.

 

[galascorp]

Thanks a lot for your replies... and suggestions. It has been really helpful to read your comments.

@ Sisifo... The VO called me to ask about where the money came from, I explained everything but never asked me to send any proof of what I said, they called me twice but just to ask some questions, I really thought they were satisfied because of that... they did not ask for any evidence. I understand your point of view, I guess to do everything through a Lawyer would be better, in the meantime I am sending everything I have to the VO hoping for the best.