REFUSED Pre-June 10 Cases (JDs Mismatch) Want to Appeal, Connect Here

[Zee81]

Breaking News CIC will stop accepting more FSW applications from 01 July 2012 till the start of 2013........

Some what good news for all......

http://www.cic.gc.ca/english/immigrate/skilled/apply-who-instructions.asp#list

 

[Zee81]

I agree with your first point. but , no harm in trying by saying that it was genuine celrical error at his work for the date missing on the letter. The contents of the letter should not be revised, just the format with date. Also, for this user, it may be too late as he hasalready sent a letter once !!

About contacting a lawyer, not all of them can afford a lawyer. Also, is there any lawyer who would pre-assess and give a no win-no fee contract ?? Instead of spending 5-6K CAD (without a guarantee) on lawyers and courts, better off relocating to some other country !
A good consultant is enough to shoot off a re-consideration letter (but for this user, he has missed his chance). They will all have their own formats, incl lawyers so no use, spending money on lawyer just for a re-consideration letter.

Also, its important to know from notes why his case was rejected. Was it just because of the two reasons mentioned or any other reason ??

Lawyers of-course will charge their fees and this service is only for those which can afford..... Consultants are worthwhile to be hired to write a letter of reconsideration first time NOT second time as CHC will not be considering it again...........

Please note that one can not be sure that the Program Manager has read the reconsideration letter? or its the clerical staff which following the policy to close as many files as possible, has responded to the letter??

What the lawyer would do is to write an email directly to Head / Chief of FSW unit London, explaining the merits of application and remind him that a serious court case will be filled if he refuses genuine evidences..... Mr. Tim Leahy is providing these services and his fees is not so high............

You are right that no lawyer will provide services on 'no win no fee' contract..... but the question is if we are being deprived of our rights to get a fair review of our files, should we not fight this UN-JUST policy of CHC??? And to fight one has to spend money, it is the fact.....

 

[maran1976]

. but the question is if we are being deprived of our rights to get a fair review of our files, should we not fight this UN-JUST policy of CHC??? And to fight one has to spend money, it is the fact.....

From what I have seen, the courts do not grant a visa to rejected applicant. All that they can do is, order the CIC to give the applicant a fair and swift chance ! These are different from immigration tribunals ( like, assylum etc )
After spending all that money for the lawyer and courts, the VO can always turn around and say 'I am not convinced' , again !

The officers at CIC, enjoy a great level of immunity from judiciary or politics/government. You can make them look at your file, not necessarily, change their decision. Its next to impossible to influence a decision.

Its the lawyers, consultants and their agents who make the money !!

 

[Zee81]

From what I have seen, the courts do not grant a visa to rejected applicant. All that they can do is, order the CIC to give the applicant a fair and swift chance ! These are different from immigration tribunals ( like, assylum etc )
After spending all that money for the lawyer and courts, the VO can always turn around and say 'I am not convinced' , again !

The officers at CIC, enjoy a great level of immunity from judiciary or politics/government. You can make them look at your file, not necessarily, change their decision. Its next to impossible to influence a decision.

Its the lawyers, consultants and their agents who make the money !!

It is a different case dear, CIC has adopted a policy to refuse as much cases as possible to reduce the backlog without giving ADEQUATE reasons.... Like the JDs mismatch issue, they are simply refusing the cases by quoting either the reason that JDs performed are very much inspired from the NOC duties or sufficient number of JDs have not been performed!!! note the contradiction please...........

I sent them 05 experience letters, against 04 Letters VO quotes in CAIPS that sufficient JDs have not been performed and in the same notes the VO writes against 01 letter that the JDs are very much inspired from the NOC duties???

SO what they want??? just to close the cases as much as possible without giving a fair assessment or what else???

I tell you if they are fair then so many cases could not have been rejected on JDs mismatch issue... like i have 09 years construction experience and they say i am not a Construction Manager (NOC 0711) what the hell they are doing??? I have seen others having over 15 years of experience in their fields and are rejected due to JDs mismatch issue.... All could not have generated fake letters???

That is the purpose of our forum to collectively fight against CHC's unfair act... specially to Pakistanis as i have seen very few such cases from other countries.....

Lets connect and fight for justice and i am sure the Canadian courts will quash this policy of CIC.......

 

[dreamfromafar]

My experience was very professional and written correctly. It just goes to show that my file was not reviewed properly. How can you miss something as important as that in a letter if you have read it form start to finish. My experience letter was short and precise. It's not that long for someone to not read the whole content. The date was mentioned as part of the closing of my letter of experience:

"This letter of employment is being issued to __________________________(Name) on __________ (date), _______(Place) for his Canadian Visa Application". This is the last paragraph of my letter.

Other reasons stated are: JD found in a separate sheet but no mention on this paper that this relates to the PA or the PA's job duties. Appointment letter - no job duties - no indication of who the PA is training or what the PA is training in...therefore i am not satisfied.....

I will go to my consultant tomorrow to discuss the best way to deal with my current situation. Will see if they have a lawyer to take on my case. I am already rejected and denied..so I guess at this point in time, another attempt won't hurt...esp. now that they have stopped (temporarily) accepting new applications....they'd have more time to review the existing applications and veracity of re-appeals.

Thank you all for your inputs.... very helpful! Let's hope and pray that we all realize our dreams to start a new life in Canada with our family.

 

[Zee81]

My experience was very professional and written correctly. It just goes to show that my file was not reviewed properly. How can you miss something as important as that in a letter if you have read it form start to finish. My experience letter was short and precise. It's not that long for someone to not read the whole content. The date was mentioned as part of the closing of my letter of experience:

"This letter of employment is being issued to __________________________(Name) on __________ (date), _______(Place) for his Canadian Visa Application". This is the last paragraph of my letter.

Other reasons stated are: JD found in a separate sheet but no mention on this paper that this relates to the PA or the PA's job duties. Appointment letter - no job duties - no indication of who the PA is training or what the PA is training in...therefore i am not satisfied.....

I will go to my consultant tomorrow to discuss the best way to deal with my current situation. Will see if they have a lawyer to take on my case. I am already rejected and denied..so I guess at this point in time, another attempt won't hurt...esp. now that they have stopped (temporarily) accepting new applications....they'd have more time to review the existing applications and veracity of re-appeals.

Thank you all for your inputs.... very helpful! Let's hope and pray that we all realize our dreams to start a new life in Canada with our family.

Earlier you sent reconsideration letter through consultant or at your own??

 

[Zee81]

My experience was very professional and written correctly. It just goes to show that my file was not reviewed properly. How can you miss something as important as that in a letter if you have read it form start to finish. My experience letter was short and precise. It's not that long for someone to not read the whole content. The date was mentioned as part of the closing of my letter of experience:

"This letter of employment is being issued to __________________________(Name) on __________ (date), _______(Place) for his Canadian Visa Application". This is the last paragraph of my letter.

Other reasons stated are: JD found in a separate sheet but no mention on this paper that this relates to the PA or the PA's job duties. Appointment letter - no job duties - no indication of who the PA is training or what the PA is training in...therefore i am not satisfied.....

I will go to my consultant tomorrow to discuss the best way to deal with my current situation. Will see if they have a lawyer to take on my case. I am already rejected and denied..so I guess at this point in time, another attempt won't hurt...esp. now that they have stopped (temporarily) accepting new applications....they'd have more time to review the existing applications and veracity of re-appeals.

Thank you all for your inputs.... very helpful! Let's hope and pray that we all realize our dreams to start a new life in Canada with our family.

Do not go to the Lawyer through your consultant as i would suggest.... be in a Direct link with the Lawyer.... Consultants will always try to earn their profit.... your next step will be court appeal and that will be done by the Lawyer and not by the consultant directly.............

Next step is to send reconsideration letter with Lawyer's notice directly to CHC London's Chief of FSW unit.........

 

[maran1976]

do we have any data on how many people went to court and finally got a visa ?

 

[Zee81]

do we have any data on how many people went to court and finally got a visa ?

What ever was happening earlier does not matter....... this is a totally different scenario....... in which CHC is finding reasons to refuse as much cases as possible to reduce the backlog......... If you review any case, you will definitely find some week points.... nobody is perfect........ that is what they are doing........

 

[dreamfromafar]

Do not go to the Lawyer through your consultant as i would suggest.... be in a Direct link with the Lawyer.... Consultants will always try to earn their profit.... your next step will be court appeal and that will be done by the Lawyer and not by the consultant directly.............

Next step is to send reconsideration letter with Lawyer's notice directly to CHC London's Chief of FSW unit.........

Thanks Zee! I will weigh my options (if any). The reason I will coordinate with my consultant is to see how strong they can argue my case. They offer the service with no additional cost. Bear in mind that I have paid the consultant in full and to refund my fee with them would be difficult for me right now. The least they could do for me is to make a solid appeal. If i see that they have little experience and/or cannot represent me AGAIN, then I will contact Tim Leahy. I did try to contact him before but did not pursue as my application at that time was still RBVO and hoping to be in process.

I feel that the review made in my application was done in haste. They started mass rejection if I am not mistaken on April. Records in my CAIPS/GCMS show that at first, reason for being not eligible was because I did not submit my full documents within the 120 day-period so they have ordered closure and refund of the fees. Then they re-opened after learning that they received my application in Feb 2011....next reason was the JD mismatch. It's just sad that it seems they are in a hurry to close my case. All of these decisions happened last week of April 2012 (April 27, then April 30). Finally they sent the letter on May 15.

 

[zakout76]

I dont know
For me still i didnt recive refuse letter since 17may
Pls advice

 

[Zee81]

Thanks Zee! I will weigh my options (if any). The reason I will coordinate with my consultant is to see how strong they can argue my case. They offer the service with no additional cost. Bear in mind that I have paid the consultant in full and to refund my fee with them would be difficult for me right now. The least they could do for me is to make a solid appeal. If i see that they have little experience and/or cannot represent me AGAIN, then I will contact Tim Leahy. I did try to contact him before but did not pursue as my application at that time was still RBVO and hoping to be in process.

I feel that the review made in my application was done in haste. They started mass rejection if I am not mistaken on April. Records in my CAIPS/GCMS show that at first, reason for being not eligible was because I did not submit my full documents within the 120 day-period so they have ordered closure and refund of the fees. Then they re-opened after learning that they received my application in Feb 2011....next reason was the JD mismatch. It's just sad that it seems they are in a hurry to close my case. All of these decisions happened last week of April 2012 (April 27, then April 30). Finally they sent the letter on May 15.

Not only you most of the JDs mismatch refusals happened since start of April 2012......

Please share your details here so that i can add you in the list....


S.NO NOC Name APPL. TO CIC Ist AOR FULL DOCUMENTS 2ND AOR REFUSAL
1 0711 Zee81 25/03/2010 27/05/2010 5/7/2010 27/07/2010 22/05/2012
2 0213 Rizwan72 15/06/2010 17/10/2010 5/1/2011 10/7/2011 5/5/2012
3 0213 Azfarbaig 28/04/2010 8/10/2010 1/2/2011 27/6/2011 10/5/2012
4 4131 Khan200us 9/12/2009 5/3/2010 5/7/2010 30/7/2010 18/5/2012
5
6 4121 Navali 19/05/2010 23/10/2010 15/11/2010
7 Sherydesire 15/01/2010 15/03/2010 8/8/2010 15/02/2011 18/02/2012
8
9 0911/7242 Shahid22507 19/03/2010 19/05/2010 20/05/2010 27/07/2010 23/05/2012
10 Fishberger
11 4131/0111 Mahhdy 23/06/2010 22/10/2010 27/12/2010 28/02/2011 7/6/2012

 

[Zee81]

I dont know
For me still i didnt recive refuse letter since 17may
Pls advice

But your CAIPS say that they have refused your case....... I already advised you to send a CSI informing them that you have not received the refusal letter... then they will email you the letter........

 

[zakout76]

I aleady sent since 1 week and no reply
Thanks

 

[Zee81]

I aleady sent since 1 week and no reply
Thanks

Did you clearly mention that you have not received the refusal letter?