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

[Zee81]

I've received refusal letter in june 10, 2012 at that time my status was showing that "Application received" in detail following statement were showing

We received your application for permanent residence on March 26, 2010.

We reviewed your application and sent you a letter on May 30, 2012 to xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx. Please consider delays in mail delivery before contacting us. If we have sent the letter to the wrong address, please contact us.

after that I've sent them a reconsider letter by post in June 25, 2012. After that I've checked my status on ecas My status was changed and now it is "In Process" in details follwing statement showing;

We reviewed your application and sent you a letter on July 24, 2012 to xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx. Please consider delays in mail delivery before contacting us. If we have sent the letter to the wrong address, please contact us.

Your application was reviewed and we started processing on July 24, 2012.

I didn't received any letter from CHC London. So I mailed them twice and requested them to please resent the letter or share the content of the letter. As you told me now that I've been using the wrong email address. So I've mailed them again on that email address which you sent me.

Now please advice me, what should I do.

Dear as I believe that they did not accepted your reconsideration and sent you a letter on July 24 to inform you accordingly (which usually is the case with all such requests). I may be wrong only their response will clarify....

Keep chasing them, ask them to send you the letter dated July 24 through email, order CAIPS immediately, contact some Lawyer (not consultant) like Mr. Tim Leahly to threat them that you will go to court.....

 

[faraz74]

Ok, Thanks but it is very crucial time for me lets pray for me. You scared me.

 

[Zee81]

Ok, Thanks but it is very crucial time for me lets pray for me. You scared me.

No need to be scared... Never trust E-Case to assume something.... You have many ways to push them and re-open your case.....

 

[cheeta37]

http://www.canadavisa.com/canada-immigration-discussion-board/how-to-appeal-for-judicial-review-after-refusal-just-in-50-t117209.0.html

 

[Zee81]

http://www.canadavisa.com/canada-immigration-discussion-board/how-to-appeal-for-judicial-review-after-refusal-just-in-50-t117209.0.html

Dear Cheeta,

Having reviewed your above post, I can speculate that some good news is waiting for you..... CHC will never send such sort of response if they want to ignore the reconsideration request.... Its a simple "NO" as per their policy... A VO is never bothered to review the case again, just the lower level clerical staff and his assistants do this job......

As per my personal experience if they have considered your request for further consideration (as indicated by their response) and you have a strong valid point that the VO misread the dates of your experience letters, otherwise he was satisfied with your JDs (as you mentioned earlier CAIPS remark, I believe??) then no worries, Inshallah you will have your case reopened...

Just wait for their final response, keep chasing them, send another reminder to them after 10-15 days...

Remember I have been closely in touch with Mr. Tim Leahly, a famous Canadian Lawyer who has been chasing CIC for their unelthical and unjust policies since long, and he told me that 60 days limit is to "CLOSE" the issue, in your case CHC email clearly states that your issue is NOT CLOSED... hence you need not worry... your limit will start from the date you receive the letter (not the letter date) and if CIC is not able to reach a FINAL decision on your reconsideration, the limit will be extended...

Hope this helps......

 

[cheeta37]

Dear Cheeta,

Having reviewed your above post, I can speculate that some good news is waiting for you..... CHC will never send such sort of response if they want to ignore the reconsideration request.... Its a simple "NO" as per their policy... A VO is never bothered to review the case again, just the lower level clerical staff and his assistants do this job......

As per my personal experience if they have considered your request for further consideration (as indicated by their response) and you have a strong valid point that the VO misread the dates of your experience letters, otherwise he was satisfied with your JDs (as you mentioned earlier CAIPS remark, I believe??) then no worries, Inshallah you will have your case reopened...

Just wait for their final response, keep chasing them, send another reminder to them after 10-15 days...

Remember I have been closely in touch with Mr. Tim Leahly, a famous Canadian Lawyer who has been chasing CIC for their unelthical and unjust policies since long, and he told me that 60 days limit is to "CLOSE" the issue, in your case CHC email clearly states that your issue is NOT CLOSED... hence you need not worry... your limit will start from the date you receive the letter (not the letter date) and if CIC is not able to reach a FINAL decision on your reconsideration, the limit will be extended...

Hope this helps......

please check it and suggest what should i do

 

[cheeta37]

please check it and suggest what should i do

i contacted two lawyers in Toronto,

1 - Ali Amini www.citizenshipandimmigrationcentre.com
2 - Tim Leahy www.unfaircic.com

both agreed that my time limit of 60 days will expire from the 1st decision day on September 9th 2012 but both have different strategy for this situation.

Mr. Ali Amini says Reconsideration will not work and go for judicial Review before time limit expires of 60 days and don't give any ground to CHC for fighting like extension in time limit etc, We charge 3,000 and the entire fee would need to be paid before the filing of the Application Record (normally within 60 days of filing the initial appeal). Now, u can make it in as many installments as u want, as long as an "at least 40%" initial deposit is paid to open the file and the remaining in the next couple months.

Mr. Leahy says I would suggest that I write to the head of the FSW section, explaining the situation. If he does not reverse the decision, I would have to seek an extension-of-time to proceed with your court case but I would expect it to be granted. My fee for writing to the FSW chief is $750 CAD (2,800 AED) to write and, if successful, another $750.

If unsuccessful, I would credit the $750 against against the $2,000 fee for making written submissions and proceed with the court case. If the court case is successful -- which means, the refusal is set aside -- you would pay another $2,000 (7,500 AED). Thus, the cost would be $1,500 if my letter does the trick; $2,000 if we lose completely and $4,000 if the court case is successful.

ZEE81 suggest me that i should wait for reply of my reconsideration request as CHC replied me that "Your submission has been placed on file and is in a queue awaiting review." and if they reject my reconsideration they i should contact to Tim Leahy to send reconsideration and then extension in time limit for appeal and then appeal to Federal court.

i have only 5 to 6 days left in expiry of 60 days please suggest what is best option to secure my legal right and best outcome

Cheeta

 

[AAL1984]

Hi,

Those Pre-June 2010 cases which are Refused due to 'Job Duties Mismatch' please connect here.... We all need to File an appeal in Canadian Court to sue CIC for this unfair behaviour.... The charges will be as low as more applicants are gathered.... You need to have strong and relevant Experience letters matching with Jds of your NOC....

My Time lines are as under:

Applicant Initial Application to CIC Ist AOR Full Documents 2nd AOR Refusal

Zee81 March 25, 2010 May 27, 2010 July 05, 2010 July 27, 2010 May 22, 2012
Rizwan72 June 15, 2010 October 17, 2010 Jan 05, 2011 July 10, 2011 May 5, 2012

You can file as many appeals as you want, the result will only be more
money for the lawyers. Coming to Canada is not a right and the government can refuse anyone's application, the federal gov of Canada has that power.

I guarantee you your cases won't go anywhere. You are wasting your time, you can't force
the gov to process your applications.

 

[Zee81]

You can file as many appeals as you want, the result will only be more
money for the lawyers. Coming to Canada is not a right and the government can refuse anyone's application, the federal gov of Canada has that power.

I guarantee you your cases won't go anywhere. You are wasting your time, you can't force
the gov to process your applications.

Nobody is forcing the Canadian Govt. to reverse the decision or process the file, everyone wants a "FAIR" assessment from CIC and that as per Canadian Laws, is the right of all immigration applicants...... and most of the JDs mismatch cases did not had the "FAIR" assessment... hence we all just seek the same from the Visa officer based on strong lawful grounds....

 

[Zee81]

please check it and suggest what should i do

Dear you should just wait nothing else.......... I have seen your job experience letter and CAIPS..... seems like the VO intentionality made a mistake since s/he did not want to review your case like so many others, to reduce the backlog.....

 

[Man In Black]

Dear you should just wait nothing else.......... I have seen your job experience letter and CAIPS..... seems like the VO intentionality made a mistake since s/he did not want to review your case like so many others, to reduce the backlog.....

Dear Zee ,i was refused in May 10th,but i did not receive my fee back ,should i write them for this?

 

[Zee81]

Dear Zee ,i was refused in May 10th,but i did not receive my fee back ,should i write them for this?

Yes you should contact them at the below mentioned email address....

CIO-Sydney-Search-Enquiry@cic.gc.ca

The timeline to receive the fee back is within 3-6 months....

 

[maran1976]

Hi Cheeta Bro, although your experience and the letter are genuine , the visa officer thinks otherwise.
In a real world situation, I think from a Trainee to a Manager, could take from 6-9 years based on the HR policy and the capability/performance of the individual.

Just because our documents are in order, does not guarantee us a visa. Its always difficult to 'Satisfy' the officer, beyond reasonable doubt.
!
I would advise you not to go for judicial review at this stage.
You could either write a strongly worded letter to the program manager, explaining the '1 month' error and consider them to re-open challenging them to verify your experience and the growth in the company !

If you have a very valid case, then you could ask Tim to do this for you for a minimal charge.

If only your company had designated you 'financial administrator' or a 'financial controller' or a 'financial resource co-ordinator' after your training period things may have been slightly different.

Your case is a nice example of 'too good to be true ' and you should bring CIC to its knees for the high handedness !
Your caips says, something about 'reputable source' I hope, the CHC did not conduct a verification direct or through third party and it turned out negative.

best wishes !

 

[Zee81]

Hi Cheeta Bro, although your experience and the letter are genuine , the visa officer thinks otherwise.
In a real world situation, I think from a Trainee to a Manager, could take from 6-9 years based on the HR policy and the capability/performance of the individual.

Just because our documents are in order, does not guarantee us a visa. Its always difficult to 'Satisfy' the officer, beyond reasonable doubt.
!
I would advise you not to go for judicial review at this stage.
You could either write a strongly worded letter to the program manager, explaining the '1 month' error and consider them to re-open challenging them to verify your experience and the growth in the company !

If you have a very valid case, then you could ask Tim to do this for you for a minimal charge.

If only your company had designated you 'financial administrator' or a 'financial controller' or a 'financial resource co-ordinator' after your training period things may have been slightly different.

Your case is a nice example of 'too good to be true ' and you should bring CIC to its knees for the high handedness !
Your caips says, something about 'reputable source' I hope, the CHC did not conduct a verification direct or through third party and it turned out negative.

best wishes !

Very well made comments.... I second these.........

 

[asifmehmood]

I applied in May 2008' as simplified application process, no doc ever requested. My status change to DM on May 15 2012 and I received refusal letter on July 1' mentioning my noc is not on eligible list while one oF my noc is eligible 3215

I sent an email and letter for Reconsideration, do they review cases once they refuse?

Just to let you guys know that my application for re-consideration was accepted and I am asked to send documents in 60 days. Thanks