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Urgent Appeal Questions re Parents Immigration Application Refusal

Brightice

Newbie
Nov 7, 2015
2
0
Hi All,

I applied for my parents PR around 8 years ago.Sponsorship application was approved. Medical exam was done in August 2014 and got notice to submit parents' passports in Dec, 2014. Recently, we received a letter stating that my parents' application has been refused.
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The reason for the rejection was that my father, the principal applicant, did not provide his passport to CIC- Beijing office on time. However, my father's passport was unexpectedly held by Chinese government due to the newly released regulations for government employees in China and my father could not get his passport back until the Chinese government completed all auditing and administrative work regarding my father's retirement.

I explained this unique situation to CIC-Ottawa in Dec 2014 and got call from them that I could ignore the notice sent from CIC- Beijing and provided my parents' passport prior to the expiry of the medical exam in August 2015.

I had sent ten explanatory letters to CIC from January to August 2015 to keep CIC informed of my father's situation.However, my father could not get his passport back in August 2015 due to the passport suspension by Chinese government. In August, 2015, I submitted my mother(not the principal applicant)'s passport to CIC- Ottawa with the hope that CIC could issue immigration visa to my mother.

In Oct, 2015, I received the refusal letter for both of their applications. This is very disappointing as we have been looking forward to getting united or more than 8 years now and I am the only Child who can take care of my parents for their rest of their lives. My parents fully intended to live with me in Canada. Particularly my mother, who was randomly selected as the "dependent" applicant 8 years ago, under my sponsorship, should not lose her right to be PR just because of my father's unique situation.

In early Nov, 2015, my father finally his passport. I think, I can apply for appeal to Immigration Appeal Division.My questions are :
1. How long would the appeal process take?
2. Do I need to hire a lawyer to represent us for the whole appeal process or I can do most of the preparation work to avoid huge lawyer fee and only ask Lawyer to represent us approaching to the hearing stage?
3. Can I resubmit my parents' immigration applications during the appeal process? Would this affect appeal results?

Look forward to your advice! Many thanks!
 

scylla

VIP Member
Jun 8, 2010
95,938
22,177
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 honestly hire a good lawyer for the appeal now - but it's up to you.

No - you cannot submit a new application while the old application is under appeal.
 

SenoritaBella

VIP Member
Jan 2, 2012
3,673
194
Category........
Visa Office......
Dakar
Job Offer........
Pre-Assessed..
App. Filed.......
08-01-2014
AOR Received.
12-02-2014
File Transfer...
25-02-2014
Med's Request
02-11-2015
Med's Done....
18-09-2013
Passport Req..
02-11-2015
VISA ISSUED...
hopefully soon
LANDED..........
hopefully soon
As you pursue appeal, also consider sending the visa office an email through the case specific inquiry form and ask for for re-consideration.

The circumstances were beyond your father's control and you informed CIC of same at the time. Gather all the information/evidence you had sent to CIC at the time, their response, etc and write a letter, attach this evidence and respectfully ask them to re-consider.
Also inform them your father has now received his passport. Seek help from your member of parliament as well. Some people have been successful in getting CIC to re-open their files (not necessarily in this category of immigration) so it's worth trying this too. Please act fast. Hope they are willing to re-consider. Very sad situation.
 

Brightice

Newbie
Nov 7, 2015
2
0
Thank you so much for your help. Your advice is super helpful.

Actually I updated CIC-O in mid- October 2015 and let them know that my father would get his passport back within the next 3 months (during that time my father only got notification from the Chinese government but he did not get his passport until early Nov). I got a reply from CIC-O last Friday that they decided not to reconsider my father's case due to my father was unable to provide his passport on-time. Do you think there is still a chance that CIC will reconsider my parents' file once I update them again that my father already got his passport?

Scylla, you mentioned hiring a good lawyer was important. My question is when this lawyer should stand in front to represent me at the beginning of the appeal process or at the stage of hearing? I am afraid that if the lawyer represents me at the beginning, every single document which IAD requests need to go through the lawyer's office and the lawyer would charge close to $300 per hour, which I am not able to afford.

SenoritaBella many thanks for your detailed reply. I think it is a great idea to ask help from the members of parliament.Would you let me know what kind of help they might be able to provide re family class sponsorship?

Thanks again for all of your warm help!
 

SenoritaBella

VIP Member
Jan 2, 2012
3,673
194
Category........
Visa Office......
Dakar
Job Offer........
Pre-Assessed..
App. Filed.......
08-01-2014
AOR Received.
12-02-2014
File Transfer...
25-02-2014
Med's Request
02-11-2015
Med's Done....
18-09-2013
Passport Req..
02-11-2015
VISA ISSUED...
hopefully soon
LANDED..........
hopefully soon
The only way to know if there is a chance is to try again, right? You have nothing to lose at this point.

From what I have read on the forum, your MP (member of parliament) can send inquiries to CIC on your behalf and CIC is required to respond within a specific time period (few days I think). So I think if you take all your evidence to your MP, explain the situation and they agree to act on your behalf or give you a letter of support, it could make a difference.

When you write the letter, also express appreciation for however long CIC waited for him to send the passport. But explain again that the gov`t held the passport and it was beyond his control. So you took steps to communicate with them (i.e. CIC) to explain the situation and considering how long you have waited patiently (8 yrs), it would be quite unfortunate to not succeed. Explain any hardships the decision has or will have on your family, etc.