Decision made(after medical and before PPR)

[ei8ht]

I also vouch for it that w/our PPR, a decision made is not a nice scenario. But hope for the OP's sake that I am talking nonsense.

 

[Allure2405]

I got rejection letter from CIC Buffalo, reason stated is that the CIC officer
"your spouse xxxxxxxx is a person described in paragraph 36(2)(b) of the Immigration and Refugee Protection Act.".

My hasband has been convicted in Korea on November 8, 2007 of an offence,
Prohibition of drunk driving of the road traffic law of Korea. (levels of alcohol in the blood was 0.056)
He has already paid in fines.

Is my case still open? Can I ask CIC to reconsider the rejection?

 

[sunny1980]

hey allure, can u please share a little more information...wht abt the pcc...did u guys got clean pcc from korea or the offense was mentioned in the pcc...and if the pcc was clear then they came to know through security check i guess
and im sorry to tell u that after a decision made cic closes the file..u can only make an appeal within 60 days..but i have also heard that DUI offenses are considered a very serious issue..only after 5yrs you can apply again with rehabilisation.
and do tell me abt pcc as its very important for me too...i have also same kind of offense in india but its not on the pcc...with ur case im also worried for security screening.

 

[charmeuse]

So sorry to hear this, allure. It is scary. It was news to me that a case can be rejected after medicals. Many thanks for sharing this with us. As sunny asked, could you please share the details? How did they find out about this offence?

 

[CarribRN]

not a good scenario from the very start. Wonder why people thought it was good to have a decision made when there's no RPRF and PPR request from the embassy.

Sorry to hear about this though. maybe you can try to appeal the decision.

 

[Nit4canada]

I got rejection letter from CIC Buffalo, reason stated is that the CIC officer
"your spouse xxxxxxxx is a person described in paragraph 36(2)(b) of the Immigration and Refugee Protection Act.".

My hasband has been convicted in Korea on November 8, 2007 of an offence,
Prohibition of drunk driving of the road traffic law of Korea. (levels of alcohol in the blood was 0.056)
He has already paid in fines.

Is my case still open? Can I ask CIC to reconsider the rejection?

Hi Allure, sorry to hear about rejection. But when you submitted police clearance certificates for your spouse didn't it show about the conviction? Please let me know.

If convicted 5 years will have to be expired after completion of the conviction, to be eligible for admission again Please visit this link.http://www.immigration.ca/permres-gii-alcohol.asp

Thanks

 

[sunny1980]

allure, i know u r upset and im sorry to disturb u...but many of us here are anxious to know this ques...u know u have got such information abt which nobody on this forum knows and nobody will ever know....i have gone through all forums on internet but i couldn't got an answer regarding security checks and even any immigration lawyer doesn't know....but atleast i think u have got an answer to this one of the biggest querry.
pls tell us abt the pcc asap.

thanks a lot

 

[Allure2405]

The offense was mentioned in my husband's PCC.
I didn't know it because He kept his offense secret from me.
Anyway...
CIC has asked me to submit the court's decision and receipt of fine.
(The court fined him around $450) I've submitted all.

I know we shouldn't drink and drive but There is an obvious contrast between
the law of Korea and Canada.

In the Criminal Code of Canada,
253(b) having consumed alcohol in such a quantity that the concentration in the person's blood exceeds eighty milligrams of alcohol in one hundred millilitres of blood. (over 0.08%)

My husband's levels of alcohol in the blood was 0.056.
It was a first offence in his life.
It will be cler in his PCC on 26, Feb. 2010 (by law in Korea)
He regrets what he did and he is reflecting on his wrong doings.

Could you give me some advice? I will catch at a straw.

 

[barsindoo]

Allure2405,

Sorry to hear about your case. I hope some can be done ressolve the case in your favour.

Please the submission to CIC was it after you receive their mail or after?

Had you known, you could have applied for rehabilitation on behalf of your husband however that can only take place five years after the sentence or fine has been obeyed.

It does appear the only way out of this is wait until the five years is spent.

As you said the offense will be struck off his PCC in 26 Feb. 2010 according to Korean law, I think not. Usually what happens is that the offense will be stepped down but the record is stored in the police data bank. When CIC request for information pertaining to anyone from the national police, they would be informed about this stepped down offenses. Hence you might still need to disclose this offense should you re-apply again or else it could be considered misrepresentation.

I do sincerely feel your pains.

 

[Allure2405]

barsindoo
I’d appreciate your input on this.

sunny1980
I've submitted police clearance certificates and medical on July.2009.
It's not that I don't want to share my case it's just that I can't write English very well.
It was difficult to explain for me.....Now I hope you understand.

 

[bhaveshenee]

Hi allure,
well sorry for the decision. But keep in mind that if CIC has asked you some detials about the Receipt of fine and any thing else it means that they still are intrested in that and one more thing, if you have been rejeccted then you can apply for the same again not after 5years but the next day the result arrives. But hope this rejection never comes to anyone.

Regards,

 

[Allure2405]

Hope this rejection never comes to anyone.

bhaveshenee
I feel the same way about what you said.

Once I'll petition the CIC to reconsider its decision.
Please pray for me...

Regards,

 

[bhaveshenee]

Dear Allure,
Please make apoint if they have sticked on a decision no one can change it... once decision made is finished... only thing left is to re apply with the mistake resolved..... i have a personal experience of rejection of my cousines case and after so many communication they didnt conseider and for you dont waste time and reapply.
Thats my personal suggestion.

 

[velbypaul]

Hi Guys

Its Monday and my hopes are high. Hope to get my Visa stamped this week from CHC, New Delhi. Its been a really long wait. Good luck to all of you guys.

 

[rocky272727]

Hope this rejection never comes to anyone.

bhaveshenee
I feel the same way about what you said.

Once I'll petition the CIC to reconsider its decision.
Please pray for me...

Regards,

I really hope and pray they reconsider the decision and process your case. Best of Luck