Dear seniors,
Att: PMM, cocknail,
Today I got one of the most depressing news of my life, the caipst note which says that my application for immigration to Canada was terminated by operation of section 87.4(1) of the immigration and Refugee protection Act.
I am one of 2007 skilled worker applicant from Afghanistan and sent all my original documents to ISB visa office in May 2011 which is still over there.
In fact , I do not agree with this wrong decision because Bill C-38 clearly says that Growth and Long-term Prosperity Act (Bill C-38) has become law, CIC will terminate processing Federal Skilled Worker files if applicants:
• applied before February 27, 2008, and
• have not had a decision made by an immigration officer based on selection criteria before March 29, 2012.
A decision based on Federal Skilled Worker selection criteria means that an immigration officer:
• has assessed your FSW application against the points grid, and
• has made a decision on whether or not you meet the selection criteria of the program.
As per the caips note I got in Oct 2012, the immigration office has assessed my file and awarded me total 55 points except adoptability for relationship with my sister, and English Language proficiency for which I was entitled 17 points: 12 points for IELTS test and 5 for relationship.
The reason was that due to unknown reason the IELTS test date was changed by British council in Kabul from April 21, 2011 to May 7th 2011 and we were notified by e-mail. So I attached the e-mail and registration slip with a cover letter saying they will receive the IELTS result in a few days. All other documents were sent which is still over there since May 9, 2011.
So my SELDEC was 1 dated 4-6-2011
PESDEC was 0,
Written: FN does not qualify the criteria
In other part of capis note says:
FN has not submitted IELTS result, so no points awarded for English language proficiency at this stage. However, FN has provided registration slip that shows IELTS test date as 07-05-2011.print out of and e-mail shows that FN has taken test on 07-05-2011.
Furthermore, they acknowledged the recite of IELTS result which received by them on 26-05-2011.
So this is not my fault, I have sent all requested doc but they have not calculated points for IELTS test.
As per my last caips note:
PESDEC 1 4-6-2011
SELDEC 7 12-2-2013
File BF’ date to: RET on 14-02-2015
I have not received any letter from VO yet either rejection and nor refund letter and all my original documents are still over there.
I really do not know whether to appeal for the court or not, and how much will be the possibility of success and cost and time associated with this.
