procedure of filling an appeal against the decision taken by the visa officer

[deepak jaitly]

my case was passed by the DFM, Sydney, Nova Scotia, Canada. I was directed to submit my full application to the Visa Officer New Delhi, INDIA. I submitted my full application to the Visa Officer, New Delhi in time according to the instructions provided by the Official Webside for "Mailing your Application". But Visa Officer did not provide me any points for my Language Proficiency. I provided with all my credentials pertaining my educational qualifications where are through and through obtained in English. The Official vebsite has mentioned TWO ways to prove Language Proficienct. One is by providing IELTS result AND other is to provide all the educational qualification in English and Work experience in English. Now I want to file an appeal with the Federal Court of Canada against the decision. I want to know the procedure that how can i file the appeal myself as i dont want to engage any lawyer.
kindly guide me in this respect.

 

[gte439u]

You may consider writing the IELTS exam, and then sending the results along with an explanation letter to the consulate. You should also request the officer's reasons for not awarding you any points for languages. This can be done with a CAIPS search.

 

[captain74]

Deepak

From personal experience, I think engaging a lawyer would be a good idea.

Firstly, I think only a lawyer can file a Judicial Review (technically, this is all you can ask for as appeals are not permitted on such decisions by immigration officers) application in the Federal Court so you may not have much choice if a judicial review is the way you want to go (not absolutely sure on this point but pretty convinced this is the case).

Secondly, a good lawyer will probably be able to get matters resolved without the need to actually go to court. Also, I agree with gte439u that you should ask for CAPIS notes and take the IELTS ASAP as a back up should it come to that in your dialogue with the CHC. Both CAPIS and IELTS will probably help your lawyer get a favourable action without the need to go to court.

Finally - and this is just the way I personally operate so feel free to reject if you like - I think it might yield better results if you try to engage with CHC and explain how you meet all the requirements rather than try and prove (in a court) that they are wrong. Language proficiency assessment based on anything other than a recognised test is highly subjective and how you approach CHC could be crucial.

Good luck!

I want to know the procedure that how can i file the appeal myself as i dont want to engage any lawyer.
kindly guide me in this respect.

 

[johny gaddar]

Dear Deepak....
Please don't involve in legal things...
It's better to write a letter stating that you are willing to take IELTS test as soon as possible....meanwhile request the VO to hold that application for you..

You can tell the VO that you have chosen the second option for proving language profiency because it is mentioned there...and there was no madate thing on IELTS requirement...

you can ask the VO for some 1-2 months extention...

and also write some good points about you to make them realize that you can be a potential immigrant..if you have given a chance to prove your language through IELTS...

I hope that this kind of approach might prove more helpful..rather going to LAW straight away...dont forget to apply that file sticker on your letter...all the best buddy!!

 

[beauhoe]

my case was passed by the DFM, Sydney, Nova Scotia, Canada. I was directed to submit my full application to the Visa Officer New Delhi, INDIA. I submitted my full application to the Visa Officer, New Delhi in time according to the instructions provided by the Official Webside for "Mailing your Application". But Visa Officer did not provide me any points for my Language Proficiency. I provided with all my credentials pertaining my educational qualifications where are through and through obtained in English. The Official vebsite has mentioned TWO ways to prove Language Proficienct. One is by providing IELTS result AND other is to provide all the educational qualification in English and Work experience in English. Now I want to file an appeal with the Federal Court of Canada against the decision. I want to know the procedure that how can i file the appeal myself as i dont want to engage any lawyer.
kindly guide me in this respect.

Good job! Do not involve lawyers you can do this on your own. As some friends already suggested send a letter to your VO telling him that you are getting ready to take your IELTS. Show the VO that you are really interesting in coming and work in Canada and all your future depends on the visa. They are all human being and they will listen to your case.Cheers,

 

[shubash]

my case was passed by the DFM, Sydney, Nova Scotia, Canada. I was directed to submit my full application to the Visa Officer New Delhi, INDIA. I submitted my full application to the Visa Officer, New Delhi in time according to the instructions provided by the Official Webside for "Mailing your Application". But Visa Officer did not provide me any points for my Language Proficiency. I provided with all my credentials pertaining my educational qualifications where are through and through obtained in English. The Official vebsite has mentioned TWO ways to prove Language Proficienct. One is by providing IELTS result AND other is to provide all the educational qualification in English and Work experience in English. Now I want to file an appeal with the Federal Court of Canada against the decision. I want to know the procedure that how can i file the appeal myself as i dont want to engage any lawyer.
kindly guide me in this respect.

Hi,

Please do not appeal against the decision because it's just waste of time...My case was also rejected initially and appealed ... CHC replied saying they don't reconsider their decision..

3-4 months will be wasted. I suggest you to reapply and your process will be faster ..

Thanks

Shubash

 

[shibuya]

IELTS is currently MANDATORY for all and that is the reason for rejection.

 

[mis]

i remember its mentioned in some document that on language proficiency you wont get second chance if VO reject your application that is why they recommend everyone to give ielts.

but still try your luck write a letter to them and explain them the complete situation chances are very thin but still no harm in trying your luck dont involve lawyer. also mention that in your letter that you are giving ielts and update CIC ASAP.