CIC visa office made a mistake which can jeopardize my application. Can I sue her/him?
- Thread starter MWIN
- Start date
By all means complain but trying to sue would be doomed to failure and what anyway would you expect to achieve other than maybe delaying your application even further and waste lawyer fees. If it makes you feel happier to attempt to sue a faceless individual in government go ahead and try even if there is such an option to sue the government, otherwise move on with your application and accept that people have had applications returned for even more trivial things than this.
Yes, it's in writing.
I mean they should work more carefully. It's very simple mistake even a high school student would not make in their exam. If they as government officer dealing with future of people can make that silly mistake without any consequence, lives of applicants will become more and more miserable.
At least, they took my fees and should provide quality services.
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You can’t sue but you can try to provide evidence as to why you submitted an incorrect application and ask that your points be based on your previous application but no promises.
Customer service jobs are not very well paid and there is probably a lot of turnover. We consistently warn people not to listen to the CIC info line. To be fair it is a hard job with people calling sometimes daily and some questions may not be clear due to language issues (general comment). The fees are pretty low compared to the processing required. Canada is definitely not making money on immigration applications.
On what basis you think I submitted an incorrect application? If I had, I shouldn't complaint at the first place.
And what is the point about low fee? They set the fee and I paid in full. I did not negotiate on fee, and I deserve quality service for the fee I paid.
This may be rough to internalize and I mean no disrespect, but you need us; we don't need you. A lawsuit would be ugly, expensive and not help you immigrate. Just a little thing to remember.
Who are "we" and "us" in your comment? Are you working for CIC? And by saying I need you and you don't need me, do you mean that you don't respect your service quality?
Lawsuit in many cases have been the solution to save immigrants, so it's not always ugly.
This is the government and not an appliance. They never said they provided any guarantee. Your fee pays for only a fraction of the cost of processing so you're still getting a good deal. Your concerns was that your points will be reassessed. If you show you were given incorrect advice you may be able apply based on your points at the previous application time. You also should have received a refund. You had the option of paying a lawyer or consultant if you wanted advice. CIC customer service agents are not there to help you apply they are there to offer simple answers and updates.
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You should start by filing for reconsideration of your application and/or a judicial review if you feel that strongly about it. You can also file a complaint (although I doubt that would get you very far given the level of service they provide). https://secure.cic.gc.ca/feedback-retroaction/feedback-retroaction-eng.aspx
If the mistake is theirs and you can document it, you should be entitled to the return of your fees. As for suing the government, you certainly can, but you should expect a long and lengthy battle with minimal return if you did win (probably your fee and some or all of the costs). A better and cheaper alternative would be small claims court, but again, if you are planning for some sort of cash windfall, the chances are slim. Canada, by nature, isn’t a highly litigenous country and often attempts to sue result in disappointing results for the claimant.
If the mistake is theirs and you can document it, you should be entitled to the return of your fees. As for suing the government, you certainly can, but you should expect a long and lengthy battle with minimal return if you did win (probably your fee and some or all of the costs). A better and cheaper alternative would be small claims court, but again, if you are planning for some sort of cash windfall, the chances are slim. Canada, by nature, isn’t a highly litigenous country and often attempts to sue result in disappointing results for the claimant.