Wayne,Anil,Indra
One of my friend got NER last night. He had applied under NOC-1233, Application received date was October, 7th 2010. As far as his background is concerned he is working as Independent Motor Claims Adjuster from last 25 yrs, He got provincial license issued by Insurance regulator in India to perform most of the duties as mentioned in the ministerial instructions. Please find below the reply received from CIO.
I would request you to please suggest in which way he can appeal in CIO, please refer to lines highlighted in blue where they don't find any sufficient evidence where he performed such duties. However, the factual is that he has performed/ing all those duties everyday.
Anticipating an early reply.
Regards,
Raj.
This refers to your application for permanent residence in Canada as a Federal Skilled Worker. I have now completed the assessment of your application and have determined that you are not eligible for processing in this category for the following reason(s):
The Minister of Citizenship and Immigration issued Instructions which were published in the Canada Gazette on June 26, 2010. Only applicants who meet the criteria specified in these Ministerial Instructions are eligible to be processed in the Federal Skilled Worker class.
You have indicated that you have work experience in an occupation with the following NOC (National Occupational Classification) 1233 - Insurance Adjusters and Claims Examiners. Although this NOC code corresponds to the occupations specified in the Instructions identified by the Minister, you have not provided sufficient evidence that you performed the actions described in the lead statement for the occupation or that you performed a substantial number of the main duties of the occupation as set out in the occupational description of the NOC, including all of the essential duties.
The information that you provided was reviewed: The Empanelment Letters from different Insurance Companies, Certificate of Registration of service tax on Insurance Auxillary Service, Survey Fees bill, Payment slips, Balance sheets and Income Tax Returns
As such, I am not satisfied that you are a: 1233 - Insurance Adjusters and Claims Examiners
Your application, therefore, does not meet the requirements of the Ministerial Instructions.
Subsections 87.3(2)-(3) are the pertinent sections of the Immigration and Refugee Protection Act:
The processing of applications and requests is to be conducted in a manner that, in the opinion of the Minister, will best support the attainment of the immigration goals established by the Government of Canada.
...the Minister may give instructions with respect to the processing of applications and requests, including instructions
(a) establishing categories of applications or requests to which the instructions apply;
(b) establishing an order, by category or otherwise, for the processing of applications or requests;
(c) setting the number of applications or requests, by category or otherwise, to be processed in any year; and
(d) providing for the disposition of applications and requests, including those made subsequent to the first application or request.
The processing fee and, if applicable, the Right of Permanent Residence Fee that you paid are refundable. You will receive a cheque within eight to twelve weeks OR if you paid by credit card you will receive a credit on the credit card provided within eight to twelve weeks.
The refund cheque will be sent to the address provided in your application. If you have changed your address please advise us immediately of the new address. Address changes should be faxed to (902) 270-3561. PLEASE NOTE THIS FAX IS ONLY FOR ADDRESS CHANGES.
Note:
Any requests made on the basis of humanitarian and compassionate grounds accompanying a Federal Skilled Worker application cannot be processed unless the application is otherwise eligible for processing under the Ministerial Instructions.
Any requests for positive substituted evaluation accompanying a Federal Skilled Worker application cannot be processed unless the application has met the minimum requirements outlined under Regulation 75(2).
There are many ways to immigrate to Canada. Although you have not satisfied the requirements to apply under the Federal Skilled Worker class, you may qualify under another category. To learn more about your options, visit http://www.cic.gc.ca/english/immigrate/index.asp.
Thank you for your interest in Canada.
CONGRATES Jeniya 
