Unfair decision

[shoaibsuleman]

Hi Guys

I've applied under FSW- IT professional and I've got my first PR in April 2010 saying that my application is approved and that I need to submit the full application now(old list). I've done that as its been asked in a letter but suprisingly I've been refused by saying that my Work is not in FSW list(new), however my application was accepted according to old rules and they even said that they will refund my money(CAD 550) which is not possible according to old rules if application is approved on first stage. Further they mentioned in a letter that they are closing my file and will not respond to request to reopen or process any document received after clouser

How unfair is that, I really can't figure it out what would I can do? Can some body help me or guide me for actions I need to take? Is there anything such as judicial review in Canadian Immigration? Is there somebody else who got the same letter? Please help me :'(

 

[new_2_canada]

It would be helpful to know when did the CIO received your application. Please put in the details for the file sent to the CIO and then the date you got the first letter. This will help forum members give you a proper answer along with the reason.

There is a possibility of challenging the decision if you are an offshore applicant.

 

[Kay2]

Hi Shoaib.

Sorry to know about your situation. Could you please post again with specific timeline of your application process? It will be interesting to see the specific dates on which the CIC received your initial application and the visa office received your detailed application. I think your application form will have a red stamp of the date in the top right corner of your application form's first page.

Please do post back because if it really happened as a rule then it might affect many other applicants who're ready to submit their applications just now - before the end of June 2011. As such, if the list of 29 occupations changes again from 01 July 2011, all applicants of June 2011 might be facing the risk of rejection.

I think if they returned it in error (as it seems from what you have written) then there must be a way to challenge that. I had heard of a "cut-off date" principle, which meant that any applications submitted up to a day before any changes in Canadian immigration law will be processed according to older laws.

 

[shoaibsuleman]

I've applied via Pakistan though I am residence of United Kingdom(HSMP) and I hired a consultant to do this. my application is been posted by my consultant on 21st Aug my full application 3 days before my inital acceptance were suppose to expire.

I've got the first acceptance on 26th of April 2010
Than I got the reply back on 1st of April 2011

I've prepared a letter and planning to POST to there London office. But qustion in my mind they said they will not reopen it i there a legal way to challenge them and Is that possible that while they are processing my wife apply the new app and add me as a dependent while I am waiting for decision?

Your replies are really appreciated

Ta

 

[Cappuccino]

Hi - hope you are able to get this reversed. It seems to me this is more likely to be an error than a decision. CIC would be in a world of trouble if they just started rejecting outright applications who were eligible on the old rules just because they are not on the new list. Their strategy seems to be to put such applications on lower priority and hope the applicants withdraw of their own accord or re-apply.

But I am 99% certain they aren't about to fail pre-June-2010 applicants JUST because they're not on the post-June-2010 list. They may be processing these applications on a lower priority, but with the ability to eat into the backlog (now they are controlling the number of FSW1 applications they are receiving) they should be able to completely clear the backlog over the next few years. So those who are not currently on the list but have an application in when they were eligible, IMO should still get the visa - it just may take some time.

Wayne.

 

[Pippin]

I see in your post "my application is been posted by my consultant on 21st Aug my full application 3 days before my inital acceptance were suppose to expire." Do you have confirmation that your full application was RECEIVED before the expiry date? If it was delayed could this explain what has happened? If this is not the case, I would have your consultant IMMEDIATELY request a review by the Programme Manager. It looks like human error. The person reviewing your application was thinking of the MI-2 list and not the MI-1 under which you applied. Good Luck!

 

[Kay2]

my application is been posted by my consultant on 21st Aug my full application 3 days before my inital acceptance were suppose to expire.

If it was posted from Pakistan just three days before the initial acceptance expired, there's no way that it would've reached the London visa office in time to meet the deadline. I know I should be careful in saying this but it seems quite likely that your consultant messed it up. As Pippin said, do you have an evidence that it was received by the visa office in time?

If the decision was made in error then certainly challenge it brother. But please go in well-prepared. Put all your dates, receipts, proofs of postage etc. together and then prepare the letter. If the respondents of your letter don't have to struggle working out exactly what happened and when, they wouldn't assume that their original decision was right and will have to respond.

 

[Badshah bhai]

Dear shoaib suleman,
you must flight it out. you should lodge judicial review case maximum within 60 days they have communicated their negative decision.federal court will see into the matter and can erverse the decision or will assign new visa officer, who will re observe your case. if you need any help you can contact me. i have already filed judicial review case through one immigration lawyer firm. my mail address is vblassociates@hotmail.com. don't delay.