VISA REFUSAL

[bogusia]

Hello everyone! My Federal skilled worker application was refused because I didn't submit my passport for the visa to the embassy. The problem is that I have not received e-mail from the embassy requesting my passport. Are any chances for appeal?

 

[Whocares]

simply ask them that you never got the email

 

[mandiebraxton]

Hello everyone! My Federal skilled worker application was refused because I didn't submit my passport for the visa to the embassy. The problem is that I have not received e-mail from the embassy requesting my passport. Are any chances for appeal?

It's so sad to hear that u had been so close yet so far in obtaining your PR! Have you checked to see if they have your correct e-mail address on file? Have you checked your junk mail? How did u get the refusal notice?
You should contact the VO ASAP and explain the situation I am sure they will tell u the way forward. I dont know who will internationally hold on to their passport at this particular stage of the process! This is really sad..... . Mandie

 

[POLESTAR1]

Hello everyone! My Federal skilled worker application was refused because I didn't submit my passport for the visa to the embassy. The problem is that I have not received e-mail from the embassy requesting my passport. Are any chances for appeal?

Bougusia,

Sorry about that, can u paste a copy of the refusal letter so that we can have a better understanding of the content.

Contact the VO as soon as possible via e-mail and follow up with phone call. You might even go a step further by talking to an expert, just that that might attract a fee.

Best of luck.

 

[Pippin]

Go to Wayne's blog and check out "How to deal with unfair NER" http://get2canada.wordpress.com/how-to-deal-with-unfair-ner/
As I recall, there was also a recent court ruling about the issue of undelivered emails and I think it was decided in favour of the applicant, but I cannot find the reference. Explain clearly what happened and provide all ID numbers and the refusal document to make it as simple as possible for CIC to put things right.
Act quickly and good luck.

 

[Pippin]

Latest Immigration Court Decisions

Yazdani v Canada (Minister of Citizenship and Immigration)

Decider: Leonard S. Mandamin J.

Court: Federal Court

Citation: 2010 FC 885

Judgement: September 9, 2010

Docket: IMM-260-10, IMM-261-10, IMM-318-10, IMM-319-10, IMM-321-10

[61] In the case at hand, there had been no prior successful email transmission between the Warsaw visa office and the Consultant’s office. Nor does the CTC Protocol on Email Communications contemplate and provide safeguard measures for email transmission failures (such as alternate follow up by mailing the letter). Finally, the visa application system does not provide for reconsideration in such circumstances.

[62] The Respondent chose to send an important and crucial notice to the Applicant via email without safeguards in place. Having regard for the foregoing, I conclude the Respondent bears the risk of an email transmission failure when it sent the crucial request to the Applicant.

Conclusion

[63] I find the Respondent to bear the risk in the Applicant’s case as well as in the related cases for the failure of email delivery of the crucial request for additional documentation.

[64] On the facts of this case, I allow the judicial review in this application as well as the related applications included in the consolidation.

 

[(INDIAN)]

aaa te free vich he chud gaya

 

[jnathan]

That is a one big hassle for the applicant though he eventually got the verdict on his favor.

 

[Pippin]

I came across this in a DRAFT of questions for the recent CICIP Meeting.
https://www.cmi-icm.ca/fr/ann/show.html/10301
Have any instructions been issued to overseas missions on email communication as a result of Yazdani
v. Canada (Citizenship and Immigration), 2010 FC 885 and more generally the need to have a
transparent and effective procedure to ensure that emails have indeed been received?
Interim Instructions have been issued to the overseas missions regarding e-mail communication as a result of several Federal Court decisions. CIC issued an Operational Bulletin (OB 265) to address the concerns regarding e-mail communication with applicants. Please see the following link to read the OB:
http://www.cic.gc.ca/english/resources/manuals/bulletins/2011/ob265.asp
To answer the second aspect of the question, the Department is engaged in the modernization agenda, which will allow for more electronic communications with clients in different lines of business within CIC. The work on defining and establishing a more transparent and effective procedure to ensure that e-mails have been received by CIC officers is quite complex and requires in depth review of CIC’s overall operations. The Department is committed to using e-mail communications as it continues to modernize.

 

[Saurav]

Hello everyone! My Federal skilled worker application was refused because I didn't submit my passport for the visa to the embassy. The problem is that I have not received e-mail from the embassy requesting my passport. Are any chances for appeal?

Do u have applied through authorize consultant or any other consultant? please make sure e-mail id provided in your application wheither it is your or your consultant.