New Processing procedures for successful appeals

[rjessome]

Hopefully this will speed things up for those who win their appeal at the IAD. To my knowledge, this is for NEW successful appeals, not those already won and sent back to the original visa office for processing.

http://www.cic.gc.ca/english/resources/manuals/bulletins/2011/ob305.asp

 

[CharlieD10]

Excellent change, if it works as intended. It's hardly fair for someone who's appealed and won to be sent back in line to wait to be processed again. Some sort of "priority" is only fair, and having the less complex cases addressed outside of the visa office that first rejected the application might free up the visa offices to concentrate on more complex new or appealed cases (those with other possible grounds of inadmissibility that can only be addressed in-country).

Also, I have often wondered why appeal allowed cases are sent back to the same visa office that rejected them in the first place. I realise they are not reviewed once again by the same visa officer (unless I am wrong in assuming that) but still it's a case of self-revision, something every auditor knows is not a good idea because it really isn't a good idea for human beings to review their own work. When a case is rejected and an appeal allowed, it makes more sense to me for it to go to a completely "uninvolved" third party. Yes, the new reviewers will have access to the original notes, but they would be more likely to bear in mind only that the original decision was incorrect on the grounds determined, and review the case without any resentment because someone else has decided they made a poor decision the first time around. One thing I know about government employees is none of them likes to be told they have incorrectly interpreted the application of those rules, regulations and procedures they are so fond of.

 

[RobsLuv]

I agree - if it works, this is a positive change. Should happen with all allowed appeals - not just the uncomplicated ones . . . in fact, it's probably most important for the complicated ones.

 

[inlimbo]

I didn't really understand what this bulletin is saying. I'm thinking a rejection is coming our way, so I'm a bit overwhelmed. Could someone break this down for me? I would really appreciate it.

 

[CharlieD10]

I didn't really understand what this bulletin is saying. I'm thinking a rejection is coming our way, so I'm a bit overwhelmed. Could someone break this down for me? I would really appreciate it.

What the bulletin means is that the files of appeal allowed cases will first be sent to a Case Processing Pilot office in Ottawa, rather than going to CBSA to be sent back to the visa office which first rejected the case.

When the case file goes to CPP-O, a file will be created in the new Global Case Management System (GCMS) which will be accessible to the visa office. In the case of some applications (considered low risk), the applications will be processed to completion at this office in Ottawa, and the visa office will only be responsible only for printing the visa and the confirmation of permanent residence record. In other words, some cases which are allowed on appeal will not go back to the visa office for processing to be completed, that will be done in Ottawa and the visa office will be directed to issue the visa.

In the case of high risk cases (where grounds for inadmissibility for security and other concerns might still exist), after the file goes to Ottawa and is added to GCMS, processing will be completed by the visa office.

In short:
1) All appeal allowed files go to CPP-O.
2) Processing of files deemed low risk completed at CPP-O, visa and COPR issued by visa office.
3) Files deemed high risk sent back to visa office to be completed, visa and COPR issued by visa office if successful.

 

[medellinguy]

does that mean that Appeals will take less time?

 

[CharlieD10]

No. It means that the processing of SOME cases AFTER appeals have been allowed should take less time.

 

[BabarShah]

No. It means that the processing of SOME cases AFTER appeals have been allowed should take less time.

I have won the appeal (Family Class) and my case is now process by CPP Ottawa, they have recently request for re-medical which has been done on May 9, 2011.

Anyone can help how long CPP Ottawa take for medical result and PPR

Please advise.

 

[CharlieD10]

I have won the appeal (Family Class) and my case is now process by CPP Ottawa, they have recently request for re-medical which has been done on May 9, 2011.

Anyone can help how long CPP Ottawa take for medical result and PPR

Please advise.

We don't know. Remember, this is a NEW system, a Pilot programme, therefore little to no information exists on a timeline. Please feel free to share with us your timeline when you are finalized.

 

[BabarShah]

We don't know. Remember, this is a NEW system, a Pilot programme, therefore little to no information exists on a timeline. Please feel free to share with us your timeline when you are finalized.

It is not finalized yet. They request for Forms on April 6, 2011 and Re-medical on May 5, 2011

Re-medical Done on May 9, 2011.....

 

[inlimbo]

What the bulletin means is that the files of appeal allowed cases will first be sent to a Case Processing Pilot office in Ottawa, rather than going to CBSA to be sent back to the visa office which first rejected the case.

When the case file goes to CPP-O, a file will be created in the new Global Case Management System (GCMS) which will be accessible to the visa office. In the case of some applications (considered low risk), the applications will be processed to completion at this office in Ottawa, and the visa office will only be responsible only for printing the visa and the confirmation of permanent residence record. In other words, some cases which are allowed on appeal will not go back to the visa office for processing to be completed, that will be done in Ottawa and the visa office will be directed to issue the visa.

In the case of high risk cases (where grounds for inadmissibility for security and other concerns might still exist), after the file goes to Ottawa and is added to GCMS, processing will be completed by the visa office.

In short:
1) All appeal allowed files go to CPP-O.
2) Processing of files deemed low risk completed at CPP-O, visa and COPR issued by visa office.
3) Files deemed high risk sent back to visa office to be completed, visa and COPR issued by visa office if successful.

thanks so much

 

[robyng65]

Hey guys first tell me why we all switched over from the other forum at immigration.ca to this one......

Second, I am pleased there are changes coming about for those of us who appeal. However, look what they all did to my case.........Sat on our file from October 2011 to March 2012 before the file was forwarded back to the visa office for reprocessing. My husband received a three page letter requesting the usual form all be redone but on top of all this they requested further documentation of genuine marriage. Photos, plane tickets, emails, chat records, cards, letters, gift receipts, etc and etc. After winning on appeal and again in Federal Court, does not the fact that we are following up and continuing our fight to be together here in Canada no enough to prove the genuiness of our relationship. Then to rub salt already into our wounds, they gave a 19 month processing time on this letter. I am absolutely at wits end. Has anyone here gotten a new file number after winning the appeal? We have a new file number and it does not start with the Usual "B" like every other file number. Does anyone here have a file number that does not start with "B"?

 

[canadianwoman]

My husband received a three page letter requesting the usual form all be redone but on top of all this they requested further documentation of genuine marriage. Photos, plane tickets, emails, chat records, cards, letters, gift receipts, etc and etc.

I'm sorry to hear your case is taking so long.

It sounds like they really don't believe your relationship is genuine. When they request more evidence of a genuine marriage after the appeal is won, it is because they suspect that once you won the appeal you relaxed and stopped your communication - thus showing it is a fake marriage after all.
You have the relationship evidence from after winning the appeal, so give it to them. It's ridiculous and unfair, I agree, but you can show them they are wrong about you and your husband.

Other people have also reported that their file number changed after winning an appeal.

 

[BabarShah]

I'm sorry to hear your case is taking so long.

It sounds like they really don't believe your relationship is genuine. When they request more evidence of a genuine marriage after the appeal is won, it is because they suspect that once you won the appeal you relaxed and stopped your communication - thus showing it is a fake marriage after all.
You have the relationship evidence from after winning the appeal, so give it to them. It's ridiculous and unfair, I agree, but you can show them they are wrong about you and your husband.

Other people have also reported that their file number changed after winning an appeal.

Yes, after winning the appeal, File number have changed but client# remain old one.
Canadianwomen is right they are still suspecting your relationship with your husband.
Good Luck ... for the rest of the process.

 

[robyng65]

Well for full appeal I provided 2133 pages of documentation of genuine marriage, everything absolutely that they ask for proofs. I used the immigration officers operations manual which had a check list of what documents they needed to show genuine marriage and we provided everything on the list except joint bank accounts which I refused anyway. Sorry I am somewhat liberal. This in fact is the reason we won at full appeal and again at the Federal court level. Because we do have the documents and we do have a genuine marriage absolutely and without a doubt. I am seeing on other forums of women in 60's married to men of 20's or 30's getting their visas for spouses. Men of course in their senior years also getting married to 20's, 30's women and succeeding, not being told their marriage is not genuine. It is a fact I am older in number of years from my husband of just 12 years. But if anyone saw our pics they will say we are same age. Is this the only reason the immigration officer will think we are non genuine? I am Canadian and he is Pakistani, although it is not normal in this culture, but it does happen and marriages do work from interracial marriages, Canada a country where you find interracial marriage acceptable. So I am still fully confused as to why they would be suspect of a non genuine marriage. I have all the proof of genuine and have sent a further 200 pages of documents, phone bills from the last two years since refusal and daily chat records for the last two years. Of course we have not relaxed our contact, as a fact we have grown stronger and more in love. I just want this process finished, we deserve a happiness after knowing each other for 6 years.