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Decision Made and then Rejection Letter...

Kanamen

Champion Member
Oct 20, 2010
1,662
563
CANADA
Job Offer........
Pre-Assessed..
No word can express how sorry I am, to hear of your rejection.....as you are really nice person and really pearl.

You are in my prayers during this difficult time.May your strength prevail to help you through this difficult time.

What are your options?
If you get a letter in the mail from Canada Immigration advising you that your application for Canadian immigration was refused, do not panic! You have options.

You may be eligible to Appeal your Canadian Immigration Application Refusal to the Federal Court of Canada within a certain period after you were notified of the refusal by Canada Immigration.
You may be eligible to Appeal your Canadian Immigration Application Refusal to the Immigration Adjudication Division (IAD) within a certain period of after your application was refused by Canada Immigration.
You may be able to make a request for Restoration to the Case Processing Centre (CPC) after being notified if the refusal.

What option is right for me?

It depends on a number of factors such as the nature of the case. Is it a Skilled Worker Application, Canadian Sponsorship Application or Canadian Work Visa refusal?

And it also depends on where the Canadian immigration application was filed and processed. Was your Canadian immigration application filed within Canada or at a Canadian Consulate or Embassy outside of Canada?
Why did my Canadian Immigration Application get Refused?

Generally refusals for Canadian immigration applications do not just happen. When applications for Canadian immigration are submitted to Canada immigration, an immigration officer is responsible for reviewing the application and making an assessment about whether the application should be approved or denied. The immigration officer has guidelines for making decisions on immigration cases. These guidelines are found in the Immigration Regulations as well as Immigration Manuals.

When applications do not meet the various standards and criteria set out in the Immigration Regulations and Manuals, then the likely result is a refusal. However, in many cases, Canadian immigration officers make mistakes in their decisions. They often are too strict in their interpretation of the guidelines or they simply fail to review all the documentation and information in an application. Sometimes applicants are called for a personal interview and the immigration officer does not believe the applicant is credible or trustworthy.

Whatever the reason for the refusal, it is important to act very quickly once you are notified that your case was denied. You should then seek out a qualified and experienced Canadian immigration lawyer who is licensed. If your case has merit, then an Immigration Appeal should be considere
http://www.visaplace.com/canada-immigration/immigration-refusal.php

Canadian Immigration Application Refusal

It can be devastating to learn that your application to reside in Canada has been refused.

Fortunately, you may have recourse. A Canada immigration officer's decision to refuse an application may be challenged if that decision was wrong in fact or in law, or if that decision is not in accordance with the principles of procedural fairness.

Family Class sponsors have an additional recourse. They can ask that a refusal be reversed by raising humanitarian and compassionate considerations.

You may retain our law firm to provide you with a detailed analysis of the refusal decision. We will also advise you as to which remedies may be available to reverse the refusal decision.

If warranted in your particular situation, we can do the following:

Reconsideration letters – If the refusal was based on an error in fact or in law, and/or if that decision was not in accordance with the principles of procedural fairness, we will write to the Program Manager of the Canadian Visa Office to point out the errors and to request a reconsideration of the refusal decision;
Appeal – Wrongful refusals may, in certain instances, be appealed to the Federal Court of Canada or to the appropriate provincial court or, in the case of family sponsorships, to the Immigration Appeal Division.
http://www.canadavisa.com/canadian-immigration-application-refusal.html

APPEAL OPTIONS (CANADIAN IMMIGRATION)

The formal place that immigration appeals are made is the Federal Court of Canada. Most people choose to be represented by a lawyer at Federal Court.

The Federal Court is a court that has judges who are lawyers. Federal Court is strict, formal and has more complicated procedures. Federal Court involves a two step process. The first step is to file an appeal to get leave which is done by arguing your case by filing documents with no actual appearance at the Federal Court. In order to get leave to appeal you must prove there was a serious mistake made by the visa officer at the interview. If you succeed and get leave, you get the permission of the Federal court to go to step two which is the actual appearance at Federal Court in person to argue the case.

A typical case would be a skilled worker or business (investor, entrepreneur, self-employed) immigration applicant who goes to the interview at the Canadian Consulate or Embassy overseas, meets with a visa officer and fails the interview. The visa officer will issue a rejection letter setting out the reasons for the rejection. The applicant has a limited number of days (60) to respond and file a notice to commence a court action to appeal the case. If you miss the deadline generally you are not able to file an appeal. There are certain special circumstances and legal arguments that can be made that will allow you to continue even if you miss the deadline.

The general procedure for a Federal Court appeal is after the applicant files the Notice to start the action, the Respondent who is Citizenship and Immigration Canada (“CIC”) files an appearance confirming they will oppose the appeal. The applicant receives a copy of the visa officer's files containing documents filed and most importantly a copy of the interview notes made by the visa officer that have been inputted into the government computer. After a review of this material the applicant will file an applicant's court record containing the written argument, photocopies of legal cases and law supporting the argument and the applicant's affidavit that is a written document telling the applicant's story.

The respondent CIC is represented by the Department of Justice (“DOJ”) and they file their argument. The applicant has a chance to respond to the points made by the respondent in the respondent's argument.

If leave is granted the Applicant gets to go to Federal Court to actually argue the case in person. This usually takes approximately 12-18 months from the date of commencing to appeal to get to Federal Court to argue the case in person. If no leave is granted the appeal is ended.

If you fail at Federal Court, you can also appeal to Federal Court of Appeal. If you fail at Federal Court of Appeal, you can also appeal to the Supreme Court of Canada. For both Federal Court of Appeal and Supreme Court of Canada you first must get leave to appeal.
 

anumatri

Hero Member
Dec 9, 2009
496
10
Visa Office......
buffualo
NOC Code......
0213
Job Offer........
Pre-Assessed..
AOR Received.
12-10-2010
Med's Request
waiting ...............
very nice Kanamen
thanks
 

pearl2010

Hero Member
Jul 28, 2010
597
29
Category........
Visa Office......
Buffalo
NOC Code......
0213
Job Offer........
Pre-Assessed..
App. Filed.......
16-12-2009
Doc's Request.
16-02-2010
AOR Received.
28-09-2010
File Transfer...
13-10-2010 to LA(in-process 19-04-2011)Rejection letter on 7 June2011
Kanamen said:
Reconsideration letters – If the refusal was based on an error in fact or in law, and/or if that decision was not in accordance with the principles of procedural fairness, we will write to the Program Manager of the Canadian Visa Office to point out the errors and to request a reconsideration of the refusal decision;
Hi Kanamen, Thank you so much for the detailed explanation. I just have a question regarding to whom I should address the reconsideration letter. On checking this link below,

http://www.canadainternational.gc.ca/los_angeles/offices-bureaux/staff-personnel.aspx?lang=eng

I could see different people as Program Managers,
one under Political, Economic Relations and Public Affairs category
and 2 under Management and Consular Services category.

Could you please advise on below points.

1) To whom I have to address my letter.

2) And also, on the envelope to whom I have to address. Would it be the standard mailing address like
Canadian Consulate General,
Immigration Section, LA, California.


or should I mention like
The Program Manager
Canadian Consulate General,
Immigration Section, LA, California


I just wanted to make sure that I address to the right person. Thank you very much.

Regards,
Pearl2010
 

vermas

Champion Member
Jan 12, 2010
1,858
419
NOC Code......
NA
App. Filed.......
eAPR/AOR 13-08-2018
Hi Pearl,

Sorry for butting in as you have posed this query to Kanamen. As mentioned in my earlier comment on this thread Counsellor-Immigration Program is the senior most CIC officer at the VO. This title is also the Program Manager for CIC. Each program at a mission such as Political, Public Affairs, Trade, Immigration etc has a Program Manager. Management & Consular is the Admin/Consular part.
You can address it to either Counsellor-Immigration Program or Program Manager - Immigration, it will reach the same person. Counsellor is more of a diplomatic title.

Program Manager - Immigration
Consulate General of Canada
550 South Hope Street, 9th Floor
Los Angeles, California
90071, USA


Best wishes for your appeal..
 

pearl2010

Hero Member
Jul 28, 2010
597
29
Category........
Visa Office......
Buffalo
NOC Code......
0213
Job Offer........
Pre-Assessed..
App. Filed.......
16-12-2009
Doc's Request.
16-02-2010
AOR Received.
28-09-2010
File Transfer...
13-10-2010 to LA(in-process 19-04-2011)Rejection letter on 7 June2011
Thanks for ur valuable suggestion vermas.

All the Best
Regards
pearl2010
vermas said:
Hi Pearl,

Sorry for butting in as you have posed this query to Kanamen. As mentioned in my earlier comment on this thread Counsellor-Immigration Program is the senior most CIC officer at the VO. This title is also the Program Manager for CIC. Each program at a mission such as Political, Public Affairs, Trade, Immigration etc has a Program Manager. Management & Consular is the Admin/Consular part.
You can address it to either Counsellor-Immigration Program or Program Manager - Immigration, it will reach the same person. Counsellor is more of a diplomatic title.

Program Manager - Immigration
Consulate General of Canada
550 South Hope Street, 9th Floor
Los Angeles, California
90071, USA


Best wishes for your appeal..
 

PalNP

Hero Member
Mar 7, 2011
613
108
Category........
Visa Office......
NDVO
NOC Code......
0213
Job Offer........
Pre-Assessed..
App. Filed.......
June 10
Passport Req..
August 13
VISA ISSUED...
September 13
very fruitful info Kanamen.
 
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pearl2010

Hero Member
Jul 28, 2010
597
29
Category........
Visa Office......
Buffalo
NOC Code......
0213
Job Offer........
Pre-Assessed..
App. Filed.......
16-12-2009
Doc's Request.
16-02-2010
AOR Received.
28-09-2010
File Transfer...
13-10-2010 to LA(in-process 19-04-2011)Rejection letter on 7 June2011
Dear friends,

Thank u so much for ur kind support & prayers.

The reconsideration letter is on its way to LA VO.will share the update once I hear from them

Best Wishes to ALL.

Regards
pearl2010
 

Suruchi

Star Member
May 2, 2010
154
25
Category........
Visa Office......
CHC New Delhi
NOC Code......
4131
Job Offer........
Pre-Assessed..
App. Filed.......
16th March 2010
Doc's Request.
7th May 2010
AOR Received.
14th June 2010
IELTS Request
7th May 2010
File Transfer...
11th May 2010
Med's Request
8th Nov 2012 remed 3rd June 2014
Med's Done....
11th Dec 2012 remed 4th July 2014
Passport Req..
8th Nov 2012
VISA ISSUED...
Nov 2014
LANDED..........
March 2015
Wish you all the VERY BEST :)
Waiting eagerly to hear good news from your side..
 

JigJig

Hero Member
Feb 15, 2010
615
7
Category........
Visa Office......
Manila
NOC Code......
0213
Job Offer........
Pre-Assessed..
App. Filed.......
Feb-14-2010
AOR Received.
16-03-10
Med's Done....
16-10-2010
Passport Req..
07-12-2010
VISA ISSUED...
20-07-2011
LANDED..........
21-08-2011
pearl2010 said:
Dear friends,

Thank u so much for ur kind support & prayers.

The reconsideration letter is on its way to LA VO.will share the update once I hear from them

Best Wishes to ALL.

Regards
pearl2010
Please keep us posted. I wish you well.
 

OBIE

Hero Member
Feb 1, 2011
227
2
Category........
Job Offer........
Pre-Assessed..
pearl2010 said:
Hi Friends,

There were lot of good news coming in these days and I thought my positive turn would be next, but it turned out to be negative and I have a sad story to share...

If u see our time line, my husband had applied under 0213 on Dec2009 and everything was smooth till last Tuesday (31May) when our ecas changed to Decision Made. No processing date inside, same inprocess(RBVO) details with a last line saying ‘A decision has been made on ur case. The office will contact u concerning the decision'. We thought it might be the ongoing ecas error. But unfortunately, today we received rejection letter from Los Angeles VO dated May 26,2011 saying the following lines:

You have indicated that you have work experience in an occupation with the following NOC 0213-Computer & Information Systems Managers. Although the NOC code corresponds to the occupations specified in the Instructions, the main duties described in your employment letter from ------Company do not indicate that you performed the actions described in the lead statement for the occupation, as set out in the occupational descriptions of the NOC or that you performed all of the essential duties and a substantial number of the main duties, as set out in the occupational descriptions of the NOC. As such, I am not satisfied that you are a Computer and Information Systems Manager, NOC 0213.
Since you did not provide evidence that you have work experience in the listed occupations, you do not meet the requirements of the Ministerial Instructions and your application is not eligible for processing
.

In fact, my husband had provided the original work exp letter with all the duties & responsibilities related to his exp as a Manager. Most of the duties & responsibilities in the original exp letter were same as the ones he had mentioned initially in the work experience column of the CIO-Sydney form .my question is, when the same points were considered eligible by the CIO-Sydney visa officer, what made the LA visa officer to reject when we had provided the original exp letter including the same points. Moreover, there were many constraints in obtaining the original exp letter.

Now he is planning to write a detailed re-consideration letter against the points of the Visa officer and he will be highlighting the CIO-Sydney point too. Also, I need valuable suggestions & prayers from all the forum friends to make this a positive turn.

Now, to whom should we address to? In some instances I have read ‘address to the Program Officer', who is the program officer? Is it the same visa officer or some higher officer?

Another important query...My husband has been writing research articles and has been published in online journals. Can this be mentioned in the re-consideration letter as this is purely technical in nature and they might not consider him to be a manager.

For all waiting here, stay positive and I wish good luck with your Canada immigration journey and whoever has got their maple leaf & those already landed in Canada, I wish u all a smooth & happy journey ahead.

All the Best
Regards
pearl2010
Sorry for ur rejection . I think u should either appeal or wait till end of June and then re-apply.
 

fariza

Champion Member
Apr 7, 2010
1,707
74
Australia
Category........
Job Offer........
Pre-Assessed..
pearl2010 said:
Dear friends,

Thank u so much for ur kind support & prayers.

The reconsideration letter is on its way to LA VO.will share the update once I hear from them

Best Wishes to ALL.

Regards
pearl2010
Very best wishes for you and your family. Have trust. There is nothing impossible in this world and yours is a strong case... Finger crossed for you
 

imu

Hero Member
Jan 22, 2010
670
38
Category........
Job Offer........
Pre-Assessed..
dear pearl 2010

It may be that I become so late to response to your thread. :eek:I feel so sad! :eek: hopefully all your efforts will give a new life to your case!

Don't worry . with the grace of the almighty , the most gracious and most merciful, good things are on the way forward .hopefully , the waiting period is about to end.we look forward to the light at the end of the tunnel.may god bless us all and we wish everyone a smiling face and a face blushed with the success!

Grant unto us, Almighty God, in all time of sore distress, the comfort of the forgiveness of our deeds. In time of darkness give us blessed hope, in time of sickness of body give us quiet courage; and when the heart is bowed down, and the soul is very heavy, and life is a burden, and pleasure a weariness, and the sun is too bright, and life too mirthful, then may that Spirit, the Spirit of the Comforter, come upon us, and after our darkness may there be the clear shining of the heavenly light; that so, being uplifted again by Thy mercy, we may pass on through this our mortal life with quiet courage, patient hope, and unshaken trust, hoping through Thy loving-kindness and tender mercy to be delivered from death into the large life of the eternal years. Hear us of Thy mercy!

May God Bless Us All.Ameen!

imu
 

khans

Hero Member
May 2, 2011
237
8
Category........
Visa Office......
Islamabad
NOC Code......
0111
Job Offer........
Pre-Assessed..
App. Filed.......
18 march 2008
Doc's Request.
march 2009
IELTS Request
oct 2009
Med's Request
30 mar2010/16mar 2011(remed)
Med's Done....
same
Interview........
02 feb 2012
Passport Req..
13 April with remedical form
VISA ISSUED...
19th July 2012
LANDED..........
waiting
Dear Pearl 2010

really sorry about ur rejection .
Do as advised by ur forum members.
InshaAllah every thing will be fine.
Regards
Khans
 

canadaforall

Champion Member
Aug 11, 2009
1,607
64
Category........
Job Offer........
Pre-Assessed..
App. Filed.......
30th January 2009
Doc's Request.
February .12 .2009
AOR Received.
30. 08.2009
IELTS Request
no
File Transfer...
16.2.2009
Med's Request
march 27th 2012
Med's Done....
5 april 2012
Interview........
waved
Passport Req..
March 27th 2912
VISA ISSUED...
12.06.2012
LANDED..........
15.09.2012.
pearl2010 said:
Dear friends,

Thank u so much for ur kind support & prayers.

The reconsideration letter is on its way to LA VO.will share the update once I hear from them

Best Wishes to ALL.

Regards
pearl2010
Dear friend, i am putting it in prayers and i wish you the best of luck.