if you are denied...re Immigration Canada

coco55 · #1 10-24-2009, 09:09 AM

Hi everyone,

I would like to tell you that we are now trying to reach all the persons that got denied to tell their story. We think that the way its working is not fair and not professional. Please, if you want to change the situation and declare how your case was treated, send me your story by PM because I already have a lawyer waiting for cases like mine to prove it to the Ministere of immigration. I think of all the persons who got the denied in April and October: lisa.jensen, Cathay, MGB, laurar, _________ and ____________.

Did I have the correct persons? I know they are two others who got the denied in April. So please contact me if you want this to change... at least for the ones who will pass through this.

Coco

El_Uruguayo · #2 10-26-2009, 09:30 PM

2 Things that I think are important to know with regard to refusals.

First: Knowledge of IRPA, if the person is simply denied because they do not satisfy the officer, yet they aren't deemed inadmissable there are grounds for appeal. However if they have a criminal history, you might have to wait a few years till they can recieve a pardon. Otherwise you may wind up fighting a losing battle.

Second, and most important: procedural fairness, basically if a visa officer is going to deny someone based on a doubt, they have to give the applicant or the sponsor the opportunity to clear these doubts. If someone gets refused because they did not provide sufficient evidence, the officer has to give the opportunity for the applicant to provide more evidence. If you are denied, you have the right to recieve the reasons, and other information regarding your file through ATIP, if you find that they did not give you an opportunity to respond to your concers, you can appeal - however a better approach may be to write a friendly letter stating that you were not given the opportunity to respond to concerns, include your reasons or evidence, and ask them to reconsider, and that if need be you will make an Application for Leave and Judicial Review to the federal court to hear your case. It does happen that they do not contact the applicant with concerns that can be easily cleared up, and the person is rubber stamped refused - this however is not procedurally fair, and is grounds for an appeal. The appeal usually doesn't reverse an application, it puts the application for redertimination by a different officer.

Another important tool would be to have access to previous court decisions which may set precedents. If you happen to find a case similar to yours, you can state as in Mr John vs. CIC, Section X of IRPA wasn't given full interpretation, or the officer erroneously interpreted X, etc. etc.

Best advice is to be kind, be honest, thorough, and patient. If you've done all that, and it still doesn't work, take it to court.

coco55 · #3 10-27-2009, 07:45 AM

thank you El uruguayo!

Thats exactly what we dont understand cause in the caips notes the agent wrote that we have a lot of proofs (50 types of proofs) and theyre good ... but she doesnt believe us.

So, im wondering if she didnt tell us to provide more proofs of the relationship, whats going on? She will deny us for a bad feeling reading our case?

El_Uruguayo · #4 10-27-2009, 10:16 PM

If you haven't received an answer yet, and she did not request more proof. It would probably be a good idea to do so anyways, stating that you had read the CAIPS notes, and being that she did not believe the evidence before her, you decided to take it appon yourself to submit more proof. You can send evidence of communication, testimonials, more photos, more trip receipts etc - include a letter stating that if there is more evidence needed, or any specific type of evidence to inform you what you may be able to supply. Technically if she doesnt believe you, she is supposed to give you the opportunity to respond to her concerns, however, since she did not, be proactive. Also make sure to request a confirmation that the documents were received and looked at. If worse comes to worse you have case in that she was not procedurally fair, and did not give you the chance. Unfortunately, in many cases it comes down to a gut feeling that the particular officer may have, but there are procedures to follow - if they don't follow them, you have strong grounds for an appeal - on occasion it may be conceded to allow another officer to redetermine the file before it spends time in court.

But again, if the CAIPS notes aren't showing positive signs, prepare a barrage of evidence for an iternview. That's the best you can do at this point. No point in appealing yet, and requesting further caips notes or adding more documents to the file will slow things down - do it in one shot, and see what happens.

coco55 · #5 10-28-2009, 07:58 AM

again thank you for your great advises!

sangria · #6 10-28-2009, 10:23 AM

Coco,

Is the information in your CAIPS notes from after your interview?

If so, did you get to see her thoughts on the interview...

Is that where she said she didn't believe you or was that from the prescreening stage?

Sangria

coco55 · #7 10-28-2009, 01:44 PM

Is the information in your CAIPS notes from after your interview? yes

If so, did you get to see her thoughts on the interview... my husband told me that she wasnt convinced after the interview but she will check the proofs that he brought.

Is that where she said she didn't believe you or was that from the prescreening stage?

coco55 · #8 10-28-2009, 07:59 PM

In other words, she told us that she wasnt satisfed with our relation.

She wrote in the caips notes that he was very nervous, knew all the answers by memory, that were are one of the most desequilibrated couples cause i went to university and my husband has his secondary and that shes not convinced but we had a lot of proofs well prepared.

Barbie38 · #9 10-28-2009, 09:36 PM

Coco

That is very dishartening for many of us as I'm sure most have more eduction than there spouses. That is to be expected when they are coming from a country where education is different and many can't afford it. Is there an age difference for the two of you? Just curious as I find sometimes it is like putting together a puzzle and it isn't just one thing that sends of a 'red flag' in a file but a number of things all put together. I can't imagine should could write a denial solely based on the difference in education.

AnnaC · #10 10-28-2009, 09:55 PM

Coco's wasn't your husband asked to re-do his medical? Why do you go on as if he was denied? It's not likely they would ask him to re-do a medical if they are going to deny him.

The education difference is not a reason for denial, if it was, well never mind I won't go there.