Question re ATIP report / Refusal Grounds

[Itenka]

Hi,

I am wondering if anyone else has experienced this.
We applied for Canadian citizenship (husband and wife) back in July 2014. The husband then got RQ'ed (the RQ came directly from Sydney).

Now we just received our ATIP reports (electronic files) and are confused about one of the sections of the report, namely "Refusal Grounds".

It says:
REFUSAL GROUNDS
REFUSAL GROUNDS: 1
Created Date: 2014/06/14
Created By: SADMIN
Updated Date: 2014/11/14
Updated By: SADMIN
Article Of The Act: A2
Article Description:

This is really weird, is that refusal to disclose more information under the Access to Privacy Request, or is it that our applications for citizenship are likely to be refused?

 

[Donvalley]

Can you please say..

When did you get RQ and how many days notice to reply?

When did you submit reply?

 

[samreentariq]

This might not be the right answer but section 42 of inadmissible act can be seen here :

http://www.americanlaw.com/cdninadmissible.html

 

[Itenka]

This might not be the right answer but section 42 of inadmissible act can be seen here :

Thanks for the link, but I don't think that applies to us at all, we are both law-abiding invidivuals, my husband has had a full-time job here ever since we came here to settle, and I worked for 2 years before going on maternity and then decided to stay at home and become a homemaker. None of us have ever been found inadmissible, nor have we ever had any problems when entering or re-entering Canada, that's why it is all very confusing...

 

[Itenka]

When did you get RQ and how many days notice to reply
When did you submit reply?

The husband got RQ in early December, the RQ letter came from Sydney and was dated the same day our applications' status changed from 'Received' to 'In Process'. He had to submit his reply along with supporting documents within 45 days of the letter (I guess this is standard), so he mailed his reply within that timeframe.

 

[hgn]

First of all:

What is "Article of the Act: A2"?

 

[Itenka]

First of all:
What is "Article of the Act: A2"?

Honestly, I have no idea. I don't know if you have seen what an ATIP report looks like, but there are a number of sections there, so this info is listed under Finalize Application/Refusal Grounds. If you have requested and received your ATIP report, would you mind sharing what was in this section for your application?

 

[hgn]

I mean, I believe you have the right to at least know on what grounds you are 'supposed' to be rejected for.

Dong a quick google search, there are practically a lot of Acts that have A2, I think its the standard nomenclature of Canadian statutes and laws.

Any legal eagle in this forum can help point to what is Article of the Act: A2 in a citizenship scenario?

 

[Itenka]

I mean, I believe you have the right to at least know on what grounds you are 'supposed' to be rejected for.

Well, that's the thing. I want to hope we are not 'supposed' to be rejected, because there just should not be any reason for rejection. We both applied with over 1250 days of physical presence, provided an official language proof, etc.

I was thinking, maybe this section simply does not mean anything at all, otherwise, why would these entries be made by SADMIN, and not an actual person:

Created Date: 2014/06/14
Created By: SADMIN
Updated Date: 2014/11/14
Updated By: SADMIN

I hope someone on this forum has seen something similar in their ATIP reports and will be willing to share.

 

[era1521]

Well, that's the thing. I want to hope we are not 'supposed' to be rejected, because there just should not be any reason for rejection. We both applied with over 1250 days of physical presence, provided an official language proof, etc.

I was thinking, maybe this section simply does not mean anything at all, otherwise, why would these entries be made by SADMIN, and not an actual person:

Created Date: 2014/06/14
Created By: SADMIN
Updated Date: 2014/11/14
Updated By: SADMIN

I hope someone on this forum has seen something similar in their ATIP reports and will be willing to share.

SADMIN stands for SyS-Admin.
Maybe A2 refers to Citizenship Act second amendment - "2. The Residency Requirement"
http://publications.gc.ca/Collection-R/LoPBdP/BP/bp445-e.htm#2.%20The%20Residency%20Requirement%28txt%29
Are you sure you give us the whole story with your application background?

 

[Itenka]

Maybe A2 refers to Citizenship Act second amendment - "2. The Residency Requirement"

Thanks, era1521, I'll look into that. It sounds more like it, I just do not understand why it would be listed under 'Refusal Grounds' and not somewhere else, i.e. in the Notes Section of the ATIP report.

My husband did travel a few times between Canada and US during the first few months of the 4-year period immediately preceding our application, because he had a work visa there and was still employed with a US company when we went through the landing procedure in August 2010, so maybe that's what triggered RQ for him in the first place... We came back to settle in Canada in April 2011, and no travel since then.

 

[us2yow]

Itenka,

I just took a chance a did a search on "Triage Criteria". Then landed on this link:

http://www.canadavisa.com/canada-immigration-discussion-board/file-requirements-checklist-reasons-for-a-residence-questionnaire-t131555.0.html

And A2 under this link reads (as you will see from the above link) as --- A2 - NCB in FOSS, Warning or Note(s) in GCMS indicating a concern.


Now who knows whether it was "that A2" ?

 

[era1521]

Thanks, era1521, I'll look into that. It sounds more like it, I just do not understand why it would be listed under 'Refusal Grounds' and not somewhere else, i.e. in the Notes Section of the ATIP report.

My husband did travel a few times between Canada and US during the first few months of the 4-year period immediately preceding our application, because he had a work visa there and was still employed with a US company when we went through the landing procedure in August 2010, so maybe that's what triggered RQ for him in the first place... We came back to settle in Canada in April 2011, and no travel since then.

If so, you have nothing to worry about. Just wait and send them whatever they ask for.
For me it looks unusual why you requested ATIP on an application started July 2014 (at the time of request you were around 6mts into processing).
Beside that, ATIP entry is dated 2014/06/14 - which makes it before you claim application started. Is this a typo?

 

[Itenka]

Just wait and send them whatever they ask for.
Beside that, ATIP entry is dated 2014/06/14 - which makes it before you claim application started. Is this a typo?

Thanks, we did send everything we could in January, so if they did have any concerns regarding residency hopefully they will be resolved. As for the ATIP, the only reason we requested it is that we were really surprised to get an RQ (we knew nothing of the common risk indicators back then), since we both had accumulated a lot more days of physical presence than the required 1095, and wanted to see if the reason for RQ would be mentioned in the ATIP notes.

And yes, that specific entry is dated 2014/06/14 (created) and 2014/11/14(updated), it's not a typo, which makes me think it might be some generic entry that has nothing to do with our applications whatsoever.

Thanks everyone for your input!

 

[access]

what documents you have attached with your ATIP request under Privacy Act.