Rejection of PR application as found incomplete

[poonambot2005ju]

Dear Sir/ Ma'am,

Greetings and thank you all for the important information on Canadian Immigration in the forum. I am a federal skilled worker applicant form India and I lodged my PR application after getting the expert advice from this forum only on all the issues as I haven't took the services of immigration consultants.
I want to know expert advice on the above said subject as I got my application package back from CIO yesterday and as per their letter it was found incomplete. I have tried my best to give all the documents as per new checklist available in the site. I Applied on Nov. 30,2011, received by CIO on 7/12/2011 which was rejected by CIO on 24th/1/2012. I applied for PR under NOC 4152 and now cap is filled. I have done Ph.d and working for state govt. in India as Social Welfare officer and have 10 years of experience with official training. All my duties and roles match to the NOC 4152.
In the rejection letter they have mentioned that your application was rejected only because it does not meet the requirement of section 10 of IRPR and only reason in it was that I haven't entered my VISA Office name in the generic application form. I only typed India in fourth column of the form instead of New, delhi India.
This is the petty reason of rejection as the PR applications are processed in CHC, New Delhi of whole India as well as the applicant from Bhutan and Nepal. So please suggest is it the valid reason of rejection or I have option to appeal against the decision to some other agencies. It is simply understood that if India is written then Delhi would be the visa office only.
Else all my documents were complete as per their checklist.

Since cap of NOC 4152 is already reached to limit of 500 this week only, should I wait for the next time or proceed for legal action.

Expecting a positive reply in the forum,

With best regards,

Poonam Sharma
India

 

[can1122]

Hi,

The FSW manual states this...

Identification of visa office for processing of the application

For the purpose of subsection R11(1) the CIO is designated as the point of intake for FSW
applications. Consequently, all applications received at the CIO are R11 compliant at that point.
In addition, pursuant to paragraph 10(1)(c) of the IRPR, applicants are required to, among other
things, request on their IMM 0008 (10-2008) that a specific visa office process their application for
permanent residence.
The visa office requested must be one that will be able to process the application in complicance
with R11. Applicants who do not complete this part of the IMM 0008 correctly, e.g. leave it blank
or specify any office that is not a visa office, have not complied with paragraph R10(1)(c).
If the requirements of either R10 or R11 are not met, section 12 of the IRPR requires CIC to return
the application and all documents submitted in support of the application to the applicant

Procedure

When an applicant does not specify on the IMM 0008 which visa office they are requesting to
process their application, the CIO will return the application to the applicant pursuant to R12.
The CIO will accept the visa office identified by the applicant as is and will not do any in-depth
checks for R11 compliance. The CIO is not responsible for assessing whether applicants are R11
compliant at the visa office specified on their IMM 0008. The onus is on the applicant to correctly
identify the visa office for processing.

My suggestion would be to redo all the forms, check them again and again and apply in July2012.
All the best...

Can1122

 

[jaydipal]

hi poonam, its sad but you need to wait till new checklist and all other forms are out and also new cap to be opened in July 2012.can1122 is 100% right.