Trouble trying to get detailed visa officer notes under pribvacy information act

[HarkiranKaur]

Tried to get the detailed notes on why hubby TRV was denied. They sent me an email saying my request for the notes was unable to be processed because he has to give consent. They gave me the link for the consent form but confused does he fill the first part or do I? The second part says spouse. So Do I fill first part and he fills second? And then I would be in third part for the release authorization? Or does his name go in first part and mine second and third??

http://www.cic.gc.ca/english/department/atip/form-imm5744.asp

Also they said he must be a Canadian citizen or PR for us to make a request under privacy act?? Obviously he is not yet! So now what? They say we can pay 5.00 for access to information act but is that different? Will I still be able to get this private information in order to find out exactly why he was denied? I paid the 5.00 and will send them the receipt, and also get hubby to fill the form, print sign and scan it and send it back via email, then I will print and sign and rescan it and send it to them by email. I am hoping scanned is ok as otherwise I would have to courier it all the way to India and back again, looking at 30.00 or more each way to have original) and the timing would go past when they gave me to get it to them.

Has anyone encountered this while trying to get their notes?

This was the email I was sent:

We regret to inform you that we are unable to process your request for the following reason:

· The consent of XXXXXXX is required to process your request and allow us to release your spouse’s information to you. To be valid, a consent must be signed, recently dated, contain the printed name of the person giving consent and identifies you as the designated individual. Please ensure that the consent form is signed by all applicable parties, including client, principal applicant, sponsor and spouse if applicable, and has the signature date and date of birth.

· You can find the new ATIP consent form at the following link:
http://www.cic.gc.ca/english/department/atip/form-imm5744.asp

· Requests made under the Privacy Act require that your spouse be a Canadian citizen, a permanent resident or an individual present in Canada. Please provide proof that your spouse is entitled to make a request under the Privacy Act (i.e.: copy of a stamped passport, a valid temporary residence status document, a permanent residence card, a citizenship card). If not, you may submit an application fee of $5.00 in order for us to process your request under the Access to Information Act.

· Payment may be made by cheque or money order made payable to the Receiver General for Canada, or by credit card using the online payment service: http://www.cic.gc.ca/english/information/fees/index.asp

· If paying online, you must send us a copy of the payment receipt.

 

[bellaluna]

He has to fill and sign the consent form in Section A.

You do not need to fill Section B as you are a Canadian citizen.

Then, your details, name and email address, must be filled in section C.

So, in the "additional documents" page of the ATIP request form, you have to upload
a. the signed consent form from your husband
b. your passport or citizenship card
c. You might be able to upload your previous receipt for $5 as well.

Since your husband does not have status in Canada yet, you have to use the Access to Information Act, not the Privacy Act.

This whole process can be done electronically, even the receipt of the notes can be emailed to you.