+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Seeking advise on Refusal

mm00707

Newbie
Jan 18, 2025
2
0
I would like some advice regarding my situation with my Canadian Permanent Residency (PR) application under the Canadian Experience Class (CEC) in the Express Entry program. My application was recently refused because I did not submit a roles and responsibilities letter from my employer, which was needed to support my Canadian work experience and align with my NOC code. However, I did include supporting documents such as my offer letter, pay stubs, and an employment letter. The immigration officer refused my application without issuing a Procedural fairness Letter (PFL) to allow me to address this missing document. I have since obtained a roles and responsibilities letter from my employer that aligns with the NOC code and clearly supports my work experience. I am considering filing a reconsideration request but am also exploring the possibility of a judicial review in federal court if necessary. In my case, I want to understand if the absence of a PFL could be a valid reason to challenge the decision and whether pursuing a reconsideration or judicial review would be worthwhile. Alternatively, I am contemplating starting a fresh application, as I have time until next year. Any suggestions or advice on how to proceed would be greatly appreciated.
 

scylla

VIP Member
Jun 8, 2010
96,624
22,675
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
I would like some advice regarding my situation with my Canadian Permanent Residency (PR) application under the Canadian Experience Class (CEC) in the Express Entry program. My application was recently refused because I did not submit a roles and responsibilities letter from my employer, which was needed to support my Canadian work experience and align with my NOC code. However, I did include supporting documents such as my offer letter, pay stubs, and an employment letter. The immigration officer refused my application without issuing a Procedural fairness Letter (PFL) to allow me to address this missing document. I have since obtained a roles and responsibilities letter from my employer that aligns with the NOC code and clearly supports my work experience. I am considering filing a reconsideration request but am also exploring the possibility of a judicial review in federal court if necessary. In my case, I want to understand if the absence of a PFL could be a valid reason to challenge the decision and whether pursuing a reconsideration or judicial review would be worthwhile. Alternatively, I am contemplating starting a fresh application, as I have time until next year. Any suggestions or advice on how to proceed would be greatly appreciated.
There is no requirement for the officer to issue a PFL since roles & responsibilities are supposed to be included with the initial application submission. Your application was incomplete.

You can still try requesting reconsideration (no harm doing that) and you can certainly go for a JD if you want to try that. However the officer wasn't required to issue a PFL.
 
  • Like
Reactions: mm00707

mm00707

Newbie
Jan 18, 2025
2
0
Thanks for the response. Can we submit a reconsideration request while simultaneously starting a new application for the upcoming draws?
 

scylla

VIP Member
Jun 8, 2010
96,624
22,675
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Thanks for the response. Can we submit a reconsideration request while simultaneously starting a new application for the upcoming draws?
Yes
 
  • Like
Reactions: mm00707