How to appeal CPC decision and re-open the case?

[NVG_US]

Dear forum members,

I would like to discuss the possibility to appeal the CPC decision and make them to re-open the case for my PR application. I’m interested in timeline, cost etc.

On 9th of Dec I got “Refusal letter” via e-mail, which stated just the one reason for refusal “No communication. Not provided Medical examination results for my wife”.
It sounds very wrong since we did medical examination in USA within the 2 weeks after the request date and all results (for all family members) were submitted by doctor’s office through eMedical system to CPC. Moreover they never contacted me about the missing medical examination and their website (eCAS status) has been showing that “Medical Results have been received”.

I contacted the doctor’s office regarding this matter and he was able to provide the support documents, which shows that Medical Examination for my wife was submitted to CPC on time through eMedical system. Doctor even re-submitted the X-ray part of the medical exam and attached the explanation note to CPC about the possible problem with data transmission on receiving end, since he submitted everything properly.

I sent doctor’s explanation note to the CPC with request to re-open the case, but received yesterday the very silly response with all general words. Although it’s an obvious error on CPC side, and process of sending medical data is beyond my control they don’t want to re-open the case.

Please advise what would be the best option to appeal CPC decision.

 

[scylla]

An appeal is a formal process. Your refusal letter had instructions on how to formally appeal your refusal. Did you follow these instructions exactly? I don't think sending a simple email is enough. Note that you must respond and formally appeal within a certain number of days (30?) after receiving your refusal. You will also need to involve a lawyer in Canada to represent you which will run you a few thousand dollars.

If what you are actually asking about is requesting reconsideration of the decision - this is NOT a formal process and it is up to CIC whether they consider your request or not.

The only way to guarantee that your file is formally reconsidered is to go through the formal appeal process involving a lawyer. Again, you must follow the appeal instructions that were provided to you to the letter.

 

[NVG_US]

An appeal is a formal process. Your refusal letter had instructions on how to formally appeal your refusal. Did you follow these instructions exactly? I don't think sending a simple email is enough. Note that you must respond and formally appeal within a certain number of days (30?) after receiving your refusal. You will also need to involve a lawyer in Canada to represent you which will run you a few thousand dollars.

If what you are actually asking about is requesting reconsideration of the decision - this is NOT a formal process and it is up to CIC whether they consider your request or not.

The only way to guarantee that your file is formally reconsidered is to go through the formal appeal process involving a lawyer. Again, you must follow the appeal instructions that were provided to you to the letter.

Thanks for your reply. Actually, there's nothing in the letter regarding the appeal timeline. See the letter below:

"Dear xxx:

I have now completed the assessment of your application and I have determined that you do not meet the requirements of Immigration and Refugee Protection Act.

Subsection 16(1) of the Immigration and Refugee Protection Act states that a person who makes an application must answer truthfully all questions put to them for the purpose of the examination and must produce a visa and all relevant evidence and documents that the officer reasonably requires. You were asked on November xx, 2013 to produce the following evidence and documents within 60 days in order to allow the Officer to determine your admissibility:

- Medical Examination

To this date, we have received no communication from you.

Subsection 11(1) of the Act provides that a foreign national must, before entering Canada, apply to an officer for a visa or 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.

Based on the information that is available, I am not satisfied that you are not inadmissible and that you meet the requirements of the Act. As I was unable to determine your admissibility I am therefore refusing
your application.

The Right of Permanent Residence Fee that you have paid is refundable. You will receive a cheque from this Office within a few weeks.

Thank you for the interest you have shown in Canada."

This is absolutely ridiculous, because eCAS status shows that "Medical results have been received" and Doctor has the supported documents: such as eMedical tracking sheets with medical exams submission date. But CIC are sending this silly reason as refusal.

Who do you think can be contacted in CIC to resolve this issue? Any specific job title (position)?

 

[lpmc2017]

Sorry to hear about this and hopefully you will be getting proper justice in due course of time, all the best with that.

One main doubt here is that if they have given you the medical request b/w Nov 3 - 30 , any how your 60 days time-frame does not end
before 2 Jan,2015 so how they can judge your application incomplete till that date on basis of non-submission ( Just my doubt here since you said
you received the mail on Dec 9).
Also if possible please check with the physician who sent the doc' about any abnormality / health issues in any of your family's health reports.

I think it is some confusion over their system/error from their side, please proceed as per advice from all the senior members of the forum.

Regards

 

[scylla]

One main doubt here is that if they have given you the medical request b/w Nov 3 - 30 , any how your 60 days time-frame does not end
before 2 Jan,2015 so how they can judge your application incomplete till that date on basis of non-submission ( Just my doubt here since you said
you received the mail on Dec 9).

The medical request was November 2013 (not 2014).

 

[NVG_US]

The medical request was November 2013 (not 2014).

Yes, request for Medical was sent in Nov 2013. Medical examination results for all family members were submitted through eMedical before 15th of Dec 2013 and I didn't hear back from CIC till Dec 2014, but they changed status eCAS in Sep 2014 to "Medical results have been received".

 

[lpmc2017]

Oh my bad !! sorry for my mistake NVG, Scylla..
Then anyhow the medical becomes invalid after one year, but the question is why it was on hold till then and why there was no request from them to do re-medical.

I think experienced seniors in this forum can help you.

 

[mabmabs]

Yes, request for Medical was sent in Nov 2013. Medical examination results for all family members were submitted through eMedical before 15th of Dec 2013 and I didn't hear back from CIC till Dec 2014, but they changed status eCAS in Sep 2014 to "Medical results have been received".

If you still interested in moving to canada, then dont loose hope, i feel you have stron case to fight with, best way is hire a lawyer.

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.

 

[NVG_US]

If you still interested in moving to canada, then dont loose hope, i feel you have stron case to fight with, best way is hire a lawyer.

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.

I'm also thinking that lawyer would be the best solution since CIC wouldn't want to admit the mistake on their side voluntarily. It's very frustrating because the total cost for the application would grow significantly. That's why I'm also looking for experience of other forum members, maybe someone was able to reach any supervisor in CIC somehow to resolve the similar issue.

I'm sure that with help of lawyers they will have to re-open the case but I will have to redo Medical for all family members again etc. And there's no accountability at all for CIC personnel for all their negligence.