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Help with this case? (Farming)

toaroa

Newbie
Aug 22, 2018
6
0
I once applied for visitor visa and was refused because they did not believe I have no enough ties to be back to Egypt. I applied as owner of a real estate company. I applied later for immigration as running a farm, and i did not state the real estate business.

Before I received the decision, i received an email from CIC asking about the real estate business that i did not mention about it in the immigration application.

I replied to them saying both business exists, and i had no intention for lying or hiding. The reason i didnt mention farming in visiting visa is because farming business in Egypt does not have proper documents unless I really need it, and still will not be enough. And the reason i did not mention the real estate when applying as farming was basically because i was applying under farming program so i provided what is needed.

After that email, i received the decision with refusal, and I applead. It has been 2 years now since i applead and received nothing back.
See the decision below and adcice please.

Note: i provided all required documents and has country's official stamp

Decision:

This is in reference to your application for permanent residence in Canada. I have now completed the assessment of your application and I have determined that you do not qualify for a permanent resident visa in the self-employed persons class. Subsection 12(2) of the Immigration and Refugee Protection Act states that a foreign national may be selected as a member of the economic class on the basis of their ability to become economically established in Canada. Subsection 100(1) of the Immigration and Refugee Protection Regulations, 2002 states that for the purposes of subsection 12(2) of the Act, the self-employed persons class is prescribed as a class of persons who may become permanent residents on the basis of their ability to become economically established in Canada and who are self-employed persons within the meaning of subsection 88(1). Subsection 88(1) of the regulations defines a "self employed person" as a foreign national who has relevant experience and has the intention and ability to be self-employed in Canada and to make a significant contribution to specified economic activities in Canada. “Relevant experience” means a minimum of two years of experience, during the period beginning five years before the date of application for a permanent resident visa and ending on the day a determination is made in respect of the application, consisting of (i) in respect of cultural activities, (A) two one-year periods of experience in self-employment in cultural activities, (B) two one-year periods of experience in participation at a world class level in cultural activities, or (C) a combination of a one-year period of experience described in clause (A) and a oneyear period of experience described in clause (B), (ii) in respect of athletics, (A) two one-year periods of experience in self-employment in athletics, (B) two one-year periods of experience in participation at a world class level in athletics, or (C) a combination of a one-year period of experience described in clause (A) and a oneyear period of experience described in clause (B), and (iii) in respect of the purchase and management of a farm, two one-year periods of experience in the management of a farm.
Subsection 100(2) of the regulations states that if a foreign national who applies as a member of the selfemployed persons class is not a self-employed person within the meaning of subsection 88(1), the application shall be refused and no further assessment is required. I am not satisfied that you meet the definition of a "self-employed person" set out in subsection 88(1) of the regulations because you have failed to demonstrate that you have accumulated two one-year periods of experience in the management of a farm. You also have failed to satisfy me that you have ability to purchase and manage a farm in Canada. Consequently, you are not eligible to receive a permanent resident visa as a member of the selfemployed persons class. Subsection 11(1) of the Act states that a foreign national must, before entering Canada, apply to an officer for a visa or for any other document required by the regulations. The visa or document shall be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act. Subsection 2(2) specifies that unless otherwise indicated, references in the Act to “this Act” include regulations made under it. Following an examination of your application, I am not satisfied that you meet the requirements of the Act and the regulations for the reasons explained above. I am therefore refusing your application.
 

scylla

VIP Member
Jun 8, 2010
92,916
20,531
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Are you sure you properly appealed? Who is the lawyer representing you in Canada and handling your appeal?
 

toaroa

Newbie
Aug 22, 2018
6
0
Yes I am sure, a good lawyer here in Egypt. Please write why you asked this? What did you see in the decision that made you asked that?
And is it normal that I still didn't receive a reply for the appeal?
 

scylla

VIP Member
Jun 8, 2010
92,916
20,531
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Yes I am sure, a good lawyer here in Egypt. Please write why you asked this? What did you see in the decision that made you asked that?
And is it normal that I still didn't receive a reply for the appeal?
If you are working with a good lawyer, normally the lawyer would be able to tell you the status of the case. For appeals, you generally need to be working with a lawyer who is in Canada. What does your lawyer say about the status of your appeal?
 

toaroa

Newbie
Aug 22, 2018
6
0
If you are working with a good lawyer, normally the lawyer would be able to tell you the status of the case. For appeals, you generally need to be working with a lawyer who is in Canada. What does your lawyer say about the status of your appeal?
The lawyer I am working with in Egypt is working under a lawyer in Canada. Both cooperative and good. He says about the appeal is that we only have to wait because of there are a lot of people appealing and we have to wait for our turn.
Does the appeal status usually says time? What should it be saying?