1. they never mentioned to me that they require such stuff.
Not exactly true. You are advised that if you cannot provide any requested documentation, a written explanation is required as to why you cannot provide it, and proof/documentation of your claim. You are also advised that if you do not do this, your application may be refused. d.
2. in 2014 , Federal Court of Canada mentioned in one Case " In Rarama v. Canada (Citizenship and Immigration), 2014 FC 60 the Federal Court has held that once evidence of a child’s custody and the requested statutory declaration waving the right to sponsor the child have been provided to an immigration officer, it is unreasonable for that officer to then continue demanding proof of attempts made to have the applicant’s non-accompanying child medically examined or to refuse to grant the applicant’s application on the basis that the applicant had failed to provide such proof. ... http://www.canlii.org/en/ca/fct/doc/2014/2014fc60/2014fc60.html ). "
I have previously suggested that you do have grounds to request a reconsideration. You can also appeal. Based on the case law, you would probably win. However, would you not prefer to avoid going to court? My point was only that you (likely) would have avoided this legal complication if you had provided the documentation.
In that case the guy had no Custody Document , No Divorce Document . He only submitted the Declaration to let go his right to sponsor his child and a simple legal opinion from a lawyer that he can't compel the ex to undergo medical.
In that case, the woman had a legal divorce document from Ontario, and a whole lot more -
"The Applicant had showed good faith and due diligence through ongoing correspondence with CIC including giving CIC notice of her former husband’s lack of cooperation in obtaining the documents and the conduct of the medical examination; the efforts made by her family and others to assist her in this regard; her loss of contact with her husband; and, submitting proof of her divorce and a statutory declaration confirming that her ex-husband had sole custody and waiving her right to sponsor her daughter in the future. Additionally, as seen from the Computer Assisted Immigration Processing System (CAIPS) notes, the Manila office of CIC had confirmed receipt of a letter from the Applicant’s ex-husband stating that he refused to permit their daughter to be examined, that the Applicant had never extended financial support for the child, and, that the Applicant was now in a common law relationship with another person."
Moreover, I have Divorce document and Custody Document stating i only have Visiting right. also have submitted Declaration sent to me by CIC VO.
You are correct that the court decided (in this case) that two things were sufficient - proof that that the child is in legal custody of another person not included in the application, and that you waived your right to sponsor in the future.
So, yes, by all means, request a reconsideration - you can do this by CSE. And you can certainly go through the legal appeal process if you have the time and $$$ to do so. I am not trying to add to your frustration - I am just trying to help others see how they can avoid these problems in the future.
