# Application refused... please help!



## Alchemist-01 (Jul 15, 2010)

Our application has been in for four years in September this year. We used a Canadian Immigration Solicitor to help check the form; he reviewed it and sent it off to the Embassy. Paid the fees, all in process...

Received a letter from the Embassy in June last year (dated February, goodness knows where it had been), asking for further information on employment and for us to do our police checks. Asked Embassy for more time due to lateness of receiving the letter. Rushed to get this information together, got the police checks, everything got there within deadline. All in process again...

Sent the embassy an e-mail yesterday with a letter from my employer in support of my application (offices in Canada, etc.).... and then received a reply almost immediately telling me that my application had been refused IN DECEMBER 2010.

The refusal was sent to my immigration solicitor, I've heard nothing at all from them and was completely unaware that there was a problem. I make the points without a problem, confirmed by my solicitor - and tacitly by the Embassy in them asking for the further information and police checks, surely?

In essence, the Embassy is missing a letter from my employer TEN years before the date of the application, stating what my duties were.... they have the job descriptions, I sent everything I had.

I'm desperate to appeal this; we have long term plans to go and I'm absolutely amazed that I hadn't heard a word from the Embassy nor the solicitor. Surely if something was missing from the additional information, they would have sent an e-mail or letter or something to ask? This is nearly four years down the process.... 

I'm planning to ring the Canadian solicitor next week when I've worked out what I'm going to say... but any advice from the experts here would be very much appreciated. :confused2:

Thanks!


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## Auld Yin (Mar 10, 2009)

Alchemist-01 said:


> Our application has been in for four years in September this year. We used a Canadian Immigration Solicitor to help check the form; he reviewed it and sent it off to the Embassy. Paid the fees, all in process...
> 
> Received a letter from the Embassy in June last year (dated February, goodness knows where it had been), asking for further information on employment and for us to do our police checks. Asked Embassy for more time due to lateness of receiving the letter. Rushed to get this information together, got the police checks, everything got there within deadline. All in process again...
> 
> ...


There's really nothing you can do as regards an appeal until you learn WHY you have been rejected. As far as CIC is concerned they've sent the decision to your solicitor and have done their duty.The fault seems to be with the solicitor as he hasn't imparted the information to you.


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## ralphdzegniuk (Mar 7, 2011)

Two very important things for you to keep in mind: 

1) you only have 60-days from "the day on which you were notified of or otherwise became aware of the refusal" to file an application for leave & judicial review" (in other words, appeal) at the Federal Court. Once you miss this deadline it becomes very difficult (in many cases impossible) to start the app. for leave & jr. 

given what transpired in this case - which, to be honest, I don't entirely undertand because i've never seen a LAWYER who would fail to notify his/her client of a decision (it's a different story with immigration "consultants") - you may or may not able able at this point to file the application at FC. This will depend on the explanation of what exactly occurred between you and your representative. Did you move at any point? Did you fail to provide your representative and/or CIC with your new contact info? 

2) the precise reasons for the refusal. Pls remember that not agreeing with the final decision is not a reason alone to file an appeal. You must be able to show that the visa officer committed an error of law or fact in the process of reaching said decision. And it will be impossible to determine whether that, in fact, occurred without first seeing and carefully reviewing the CAIPS notes. 

feel free to contact me should you have additional questions/concerns,

regards,

Ralph


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## ralphdzegniuk (Mar 7, 2011)

*one more thing...*

re: CAIPS

there are 3 ways of you obtaining it:

1) requesting it directly from the officer who made the decision (very unlikely he/she will respond);

2) making a request through Ottawa (under Privacy Act), or

3) simply filing the application for leave and indicating that you did not obtain reasons for the decision (the refusal letter alone does NOT constitute reasons). Then the Fed. Court must provide you with the CAIPS within 90 days. The only drawback to this option is that, under this scenario, you're filing the application for leave blindly... not knowing whether there really is any merit to the application.

regards,






ralphdzegniuk said:


> Two very important things for you to keep in mind:
> 
> 1) you only have 60-days from "the day on which you were notified of or otherwise became aware of the refusal" to file an application for leave & judicial review" (in other words, appeal) at the Federal Court. Once you miss this deadline it becomes very difficult (in many cases impossible) to start the app. for leave & jr.
> 
> ...


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## Alchemist-01 (Jul 15, 2010)

ralphdzegniuk said:


> Two very important things for you to keep in mind:
> 
> 1) you only have 60-days from "the day on which you were notified of or otherwise became aware of the refusal" to file an application for leave & judicial review" (in other words, appeal) at the Federal Court. Once you miss this deadline it becomes very difficult (in many cases impossible) to start the app. for leave & jr.
> 
> ...



Hello,
Thank you for your replies, much appreciated.

I've had a reply from my solicitor, he says that he was unaware also. I've e-mailed him back asking him to contact the Embassy urgently and find out what it is they think they don't have information-wise.

I have to say... I'm not impressed with the CIC so far. They sent a letter last year, dated February, requesting information by 1st July - we received it in the middle of June and it was a heck of a rush trying to get everything pulled together. They wouldn't allow any extra time but I thought we had managed it all.

Surely when they notify an applicant and/or solicitor by e-mail or letter, they send it via trackable method? Unbelieveable! 

At CIC's standard request, we have not bothered them, letting them get on with their checks over the last three and a half years. I've never come across anything like it... I just want the chance to give whatever other information they need.

The 60 day limit is worrying... apparently the decision was made on the 8th of December.:confused2:

I'll update what my solicitor says (Leonard Simcoe) but any advice in the meantime would be very welcome. Thanks.


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## American_Woman (Mar 31, 2010)

Sorry to hear about your issues with CIC. I recently had the CIC refuse my application for a visitor visa simply because they "could not verify my identity" which means they didn't get a photo copy of my passport. Which I know they did because I have copies of everything I sent and I had my husband double check EVERYTHING. Now I have to either pay them $200 and apply again or leave the country ASAP. Yeah, I don't have much faith in the CIC either, needless to say. Best of luck to you. :/


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