Gurus please advise.
My cousin's FSW application is rejected by New Delhi CHC for a simple reason after waiting for 6 years(immigration applied in 2003). Cousin got all total 66 points. Cousin's spouse has a Bachelor Degree (Bachelor of Arts) from a Govt University which was awarded in 1992 through correspondence study system. This degree is of 15(10+2+3) years of progressive study. While applying only Provisional Certificate was submitted for this degree. It was a serious but simple mistake not to provide Degree certifacate(Convocation cert. ) . That Immigration Officer(instead of giving a chance to seek for Degree certificate) has allocated 3 points under adaptability. In the explanation for rejection that IO treated the spouse's education as 10+2.
But under adaptability if spouse has Bachelor degree and 15 years of study then the eligible points are 4. With these 4 points my cousin will be getting all total 67 points which is the pass mark. My cousin sent a request letter for re-assessment in this August with copy of Degree Certificate for the Degree obtained by the spouse in 1992.
So far my cousin has not heard anything from CHC New Delhi. Do they normally replay to all correspondence? What do you guys think about the re-assessment? Do CHC New Delhi honor this request and do assessment again? My cousin wants to file a case under Canadian Immigration and refugee protection act in federal court if the final result is not favourable. What do you suggest?
Thank you for your advice.
My cousin's FSW application is rejected by New Delhi CHC for a simple reason after waiting for 6 years(immigration applied in 2003). Cousin got all total 66 points. Cousin's spouse has a Bachelor Degree (Bachelor of Arts) from a Govt University which was awarded in 1992 through correspondence study system. This degree is of 15(10+2+3) years of progressive study. While applying only Provisional Certificate was submitted for this degree. It was a serious but simple mistake not to provide Degree certifacate(Convocation cert. ) . That Immigration Officer(instead of giving a chance to seek for Degree certificate) has allocated 3 points under adaptability. In the explanation for rejection that IO treated the spouse's education as 10+2.
But under adaptability if spouse has Bachelor degree and 15 years of study then the eligible points are 4. With these 4 points my cousin will be getting all total 67 points which is the pass mark. My cousin sent a request letter for re-assessment in this August with copy of Degree Certificate for the Degree obtained by the spouse in 1992.
So far my cousin has not heard anything from CHC New Delhi. Do they normally replay to all correspondence? What do you guys think about the re-assessment? Do CHC New Delhi honor this request and do assessment again? My cousin wants to file a case under Canadian Immigration and refugee protection act in federal court if the final result is not favourable. What do you suggest?
Thank you for your advice.