Parents PR Refused - Appeal and Next steps

[ind1van]

Hi All,

I applied for my parents PR around 6 years ago. The sponsorship application got approved and the file was sent to CIC New Delhi
Recently, we received a letter stating that the application has been refused.

The basis of rejection is - Apparently, CIC New Delhi sent a letter for Passport and medicals around 6 months ago. My parents never received that letter. Based on the fact that my parents didn't send Passport and didn't do the medical, within 45 days, the application has been refused.

This is very disappointing as we have been looking forward to getting united for more than 6 years now.

Wondering what are my options ?

I think, I can apply for appeal to Immigration Appeal Division.. Since, this is kind of a communication gap that my parents didn't receive the letter.. what do you guys think, is the chance to getting it back on track ?

I know for appeals - there is something called ADR and full hearing. Is there another settlement that could possibly happen even before ADR?

Can someone please help me understand the appeal process and various steps it has ?

Thanks for your help.

 

[user828]

Oh Lord

This is what happened to me, Delhi sent request for paperwork, meds etc to the wrong email. Infact there are 2-3 similar cases, I was always on top ordering GCMS notes thus found out. They finally called, confirmed home address and sent the letter
CIC ND has a ridiculous system, there is no way to confirm if the applicant received the request but normally they would attempt to call or even send paperwork via regular mail

Appeal is the only way to go, few things might work in your favor
Delhi says don't contact before 32 months have passed etc

Also, do you have any correspondence, did you fax or email them? asking your file status

Also post here - http://www.canadavisa.com/canada-immigration-discussion-board/parents-sponsership-joine-here-t91654.12720.html for more help

I feel for you man, I was in same situation and the worst part is they don't reply to faxes, I had to go through numerous emails, MP inquiry, GCMS notes etc

Read my case here - http://www.canadavisa.com/canada-immigration-discussion-board/stressed-over-status-change-to-in-process-pmm-scyla-et-experts-t132591.0.html;msg2030167#msg2030167 but it's sorted as I persoanlly went to India ( snce my parents are here on visit ) and delivered required paperwork and passport

 

[ind1van]

Thanks user828. I think, I could have been more proactive in ordering the GCMS... My bad..

I used to send emails to CIC ND every 6 months or so. For last one year, there has been no reply to emails and faxes. I finally had to contact the MP to even get the letter of refusal in Canada. I have the letter now and going to proceed with Appeal.

I wonder, why they didnot contact us via email or phone before rejecting.

Does anyone know of any other case, where the refusal is just based on communication gap?

 

[user828]

Did you write case-specific emails, can you write to them now explaining your situation and let them to reconsider

 

[ind1van]

I did write a case-specific email almost 3 months back. Sent them a snail mail of print out of all emails and faxes that I have sent so far. And requested them to reconsider.

I got an email reply almost 1 month back saying that "Your request has been forwarded to the appropriate section for any necessary action.If anything further is required at this time, the section will contact the applicant or authorized representative."

Haven't heard anything back from them since then.

To make the matter worse, CIC ND sent me(sponsor) the refusal letter to my old address. Although, I had updated my new address in CIC system. I had to send them numerous letters, MP enquiry and everything to get the refusal letter. I received that refusal letter yesterday.

Did you write case-specific emails, can you write to them now explaining your situation and let them to reconsider

 

[user828]

Thats typical how that office works, I told to correct my email, they mention in their notes they will yet they send to the wrong one. I went gung-ho, called ND, and was LUCKY enough to be transferred to immigration section voice mail where I told them I need help and emailed them everyday

I too sent faxes and proofs etc, very very hard to deal with them

We are unfortunate to get our files transferred to ND, those whose files went to CPP-O had a cakewalk

 

[waiting.....]

I did write a case-specific email almost 3 months back. Sent them a snail mail of print out of all emails and faxes that I have sent so far. And requested them to reconsider.

I got an email reply almost 1 month back saying that "Your request has been forwarded to the appropriate section for any necessary action.If anything further is required at this time, the section will contact the applicant or authorized representative."

Haven't heard anything back from them since then.

To make the matter worse, CIC ND sent me(sponsor) the refusal letter to my old address. Although, I had updated my new address in CIC system. I had to send them numerous letters, MP enquiry and everything to get the refusal letter. I received that refusal letter yesterday.

Hi Ind1van,
sorry to hear about what u are through. I wish u find out a way out soon! here is wht i found in OP-2 of cic:

Procedure: Notifying sponsors of appeal rights
These procedures apply to all family class applications, including those sponsored by residents of Quebec. They also apply to cases of refused sponsored applicants who receive temporary resident permits.
When a case is refused,visa offices must:
•send a letter to the sponsor’s address in Canada to advise of the right of appeal. If the sponsor is temporarily outside Canada, the letter may be sent to a non -Canadian address.
• include a copy of the refusal letter that was sent to the family class applicant, a Notice of Appeal IRB/CISR28 (6/98), Important Instructions for Sponsorship Appeals (appendix B) and in formation insert. The dates on original refusal letters sent to the family class applicants and copies sent to sponsors must be identical. Sign both the original and the copy of the refusal
letters.
• Include the sponsor's client ID or the applicant's client ID and the applicant's file number in the upper right hand corner of the notification of appeal rights letter.
The sponsor's client ID is an eight digit number divided by a hyphen. It can be found on the undertaking (IMM1344AE).
The applicant's client ID is the last eight figures of CPC -M's file number. The CPC-M file number begins with the point of service code 9570. It is part of the information sent electronically by CPC-M to visa offices.
• Include the information insert with refusal letters for family class applicants. Adding this information is an effort to obtain new addresses for sponsors. It does not replace the notification of appeal rights letter to the sponsor. IAD rules do not allow officers to notify sponsors through applicants.

1) Did u get any of the above information along with ur refusal letter? VO is clearly responsible for sending refusal letter to ur Canadian address along with information about appeals.
2) i would suggest ordering GCMS notes to find out the wht actually happened to ur file. u will knw if they received ur address change emails/mails or not? n then u can attach ur proofs, auto-replies..to appeal the decision. there is OP-21 for appeals. here's link for tht:
http://www.cic.gc.ca/english/resources/manuals/op/op21-eng.pdf

 

[ind1van]

Can we really email them everyday.. I feel like, if I send emails even every week, they might get frustrated.. How often did you send emails?

And - In what scenarios is the file transferred to CPP-O instead of CIC ND.. do I have an option to get my parents file transferred to CPP-O?

Thats typical how that office works, I told to correct my email, they mention in their notes they will yet they send to the wrong one. I went gung-ho, called ND, and was LUCKY enough to be transferred to immigration section voice mail where I told them I need help and emailed them everyday

I too sent faxes and proofs etc, very very hard to deal with them

We are unfortunate to get our files transferred to ND, those whose files went to CPP-O had a cakewalk

 

[gsize]

i would lay off the e-mails. It wont help and possibly delay it

 

[ind1van]

Thanks Waiting. The operational manual is quite interesting read. Thanks for sharing. It has lots of information that I was wondering about.

1) Did u get any of the above information along with ur refusal letter? VO is clearly responsible for sending refusal letter to ur Canadian address along with information about appeals.

I only got 2 pages. One page that was initially sent to my parents and other page that should have been sent to me stating that the application has been refused. Reading the text of the letter, I felt like, there should have been some forms for appeal and instructions sheet etc.. However nothing like that. Things like Important Instructions for Sponsorship Appeals (appendix B) and in formation insert are not in that letter.
What is "a Notice of Appeal IRB/CISR28 (6/98)"? Is it same letter that is addressed to me (sponsor) saying that the application has been refused?

2) i would suggest ordering GCMS notes to find out the wht actually happened to ur file. u will knw if they received ur address change emails/mails or not? n then u can attach ur proofs, auto-replies..to appeal the decision. there is OP-21 for appeals. here's link for tht:

Thanks. I am going to order GCMS. Do you know, if it is something that is needed before I file for an appeal ?

 

[user828]

I am sure you would win the appeal, but ND might consider as I am afraid they didn't see much query from you and by some bad coincidence, no one tried to call your folks or send 2nd letter for request or even a warning letter

Just keep emailing, I must have done like 20 emails

 

[Nika]

Hello everyone,

I am hoping for an advise on how to proceed and here is my situation:

Six years ago I applied for a sponsorship for my parents. We received and completed the medicals. At that time, 2012 my father had a cancer surgery (now he's been free of cancer for 2 years). I received a refusal letter based on his condition and no reply to the letter that they send as request for more medicals in 2013 (which we never received).

Can I appeal on my own? Is the process quite complicated?

Meanwhile can I apply for grandparent supervisa for my mother. She is healthy and eager to come see her kids and grand kids. (My father never had the intention to come anyways.) We already had 2 refusals for her for temporary visa while waiting for the sponsorship application results and reason was because of her sponsorship application. Now that it's over do you think she has a chance for grandparents supervisa or she'll be refused on the same grounds as the temporary visa before?

Does that mean she'll never be allowed to enter Canada because the immigration is afraid that she'll stay here. She's been here multiple time and always left on time.

Thank you for your time and answers.

Nika

 

[scylla]

Yes - you can certainly apply for a supervisa for your mother.

You can try appealing on your own. However given your father was refused on medical grounds, it would be wise to work with a lawyer.

 

[vinodb]

Hi,

My parents sponsorship application get refused due to income by New Delhi. I appeal through lawyer, and it is allowed immediately after initial document submission. Does anyone knows what is next step and how much further time it will take?

Vinod.

 

[helping canadian]

Hi,

My parents sponsorship application get refused due to income by New Delhi. I appeal through lawyer, and it is allowed immediately after initial document submission. Does anyone knows what is next step and how much further time it will take?

Vinod.

hello can u pls share ur time lines when u had applied and when ur file was trfred to new delhi???
here one member was there itseleaq who was refused /
so it can help uu but can u pls share ur timelines
u can appeal and further u can proceed..
but case details can u pls share