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REFUSED...........WHAT ARE THE OPTIONS

KUKOO

Star Member
Jul 13, 2013
151
16
AOA
dear forum members
i applied as a FSW in feb2012 and interviewed in feb 2013 now in Mar 2014 they sent me leter that CHC team visited my work place and they r not satisfied with my job duties and exp. After that i sent one letter fron my company about my job confirmation and duties.in GCMS notes i found one of second manager misguided them in jealousy. now on 21Jul2014 i received refusal letter fm CHC clarify my situation d they banned me for 2 yrs.one someone advised that i should write letter to VO to clarify my case which is miscommunication and misguided by one of employ , if they don't consider then i should go for appeal. now i want good advise and if contact of some good lawyer. plz share your exp as well.
JazakAllah
 

computergeek

VIP Member
Jan 31, 2012
5,143
276
123
Vancouver BC
Category........
Visa Office......
CPP-O/LA
Job Offer........
Pre-Assessed..
App. Filed.......
06-03-2012
AOR Received.
21-06-2012
File Transfer...
21-6-2012
Med's Done....
11-02-2012
Interview........
Waived
Passport Req..
26-09-2012
VISA ISSUED...
10-10-2012
LANDED..........
13-10-2012
KUKOO said:
AOA
dear forum members
i applied as a FSW in feb2012 and interviewed in feb 2013 now in Mar 2014 they sent me leter that CHC team visited my work place and they r not satisfied with my job duties and exp. After that i sent one letter fron my company about my job confirmation and duties.in GCMS notes i found one of second manager misguided them in jealousy. now on 21Jul2014 i received refusal letter fm CHC clarify my situation d they banned me for 2 yrs.one someone advised that i should write letter to VO to clarify my case which is miscommunication and misguided by one of employ , if they don't consider then i should go for appeal. now i want good advise and if contact of some good lawyer. plz share your exp as well.
JazakAllah
So they decided you had committed misrepresentation (that's the reason for the two year ban). You certainly have the right to challenge something like that, but it will certainly be expensive (figure CAD$5,000 probably) and there is no guarantee that you will prevail.

My advice would be to search canlii.org for legal decisions about "misrepresentation" and find lawyers who have won decisions for their clients in this area. Those would be your best choice as they have not only experience, but have also proven themselves capable of winning on behalf of their clients.
 

KUKOO

Star Member
Jul 13, 2013
151
16
computergeek said:
So they decided you had committed misrepresentation (that's the reason for the two year ban). You certainly have the right to challenge something like that, but it will certainly be expensive (figure CAD$5,000 probably) and there is no guarantee that you will prevail.

My advice would be to search canlii.org for legal decisions about "misrepresentation" and find lawyers who have won decisions for their clients in this area. Those would be your best choice as they have not only experience, but have also proven themselves capable of winning on behalf of their clients.
AOA
thx for your sugestions and advices.needs your prayers and advice.
JazakALLAH
 

G333

Newbie
Feb 21, 2015
8
0
Pls help.. My application package returned back..! :mad:

I fail to understand the reason mentioned on the letter...!

This is the second time my package got returned mentioning that it was incomplete...!!!

1st time my package was returned as my overall work experience did not match with the list of Job duties under the applied NOC

Took the courage and applied again, CC got charged so was hoping for positive response.. but... it got returned again :(

This time, According to the letter, CIC case officer was not convinced that I had one full year of continuous work exp under my NOC..!

I was due for completion of my 1 year in my current job on 16th Sept, 2014 (Overall exp - 3.6 yrs)
The documents submitted while sending the package had the bonified letter and list of job duties from my employer
dated 6th Sept, 2014 mentioning till date.

If CIC case officer really wanted to verify the same, they should have raised a query rather
than just sending the application back on these lines..??? I would have provided them with a fresh document from
my employer as I'm still working there...!

Would be great if someone could help me on the below lines,

- Does the candidate's data gets stored in CIC database considering the UCI number remains the same throughout the
life cycle of the applicant, irrespective of number of cases one applies

- Will the instances which happened to me, affect / hamper my chances if I apply into Express Entry again..?

- Should I continue to apply in same NOC or should I change my NOC, as I have previous exp into more of sales and less of marketing

Timelines
#1st application
NOC - 1123
App recvd - 7th May, 2014
CC charged - No
ECAS live - No
App returned - Aug 8th, 2014

#2nd application
NOC - 1123
App recvd - 19th Sept, 2014
CC charged - Yes, 10th Dec, 2014
ECAS live - Yes
App returned - 8th Jan, 2014, Recvd in Feb

Would appreciate your help and guidance.. and what best can be done..!
 

pathania07

Star Member
Apr 17, 2013
149
2
Visa Office......
NDVO
NOC Code......
001
Job Offer........
Yes
i have faced the same situation like kokoo. chc said we are not satisfied with your employment verification which was done by telephonic . and they have baned me two year .. my question is if i apply after two year ban then how much chances fo success visa .?
 

PMM

VIP Member
Jun 30, 2005
25,494
1,946
Hi


G333 said:
Pls help.. My application package returned back..! :mad:

I fail to understand the reason mentioned on the letter...!

This is the second time my package got returned mentioning that it was incomplete...!!!

1st time my package was returned as my overall work experience did not match with the list of Job duties under the applied NOC

Took the courage and applied again, CC got charged so was hoping for positive response.. but... it got returned again :(

This time, According to the letter, CIC case officer was not convinced that I had one full year of continuous work exp under my NOC..!

I was due for completion of my 1 year in my current job on 16th Sept, 2014 (Overall exp - 3.6 yrs)
The documents submitted while sending the package had the bonified letter and list of job duties from my employer
dated 6th Sept, 2014 mentioning till date.

If CIC case officer really wanted to verify the same, they should have raised a query rather
than just sending the application back on these lines..??? I would have provided them with a fresh document from
my employer as I'm still working there...!

Would be great if someone could help me on the below lines,

- Does the candidate's data gets stored in CIC database considering the UCI number remains the same throughout the
life cycle of the applicant, irrespective of number of cases one applies

- Will the instances which happened to me, affect / hamper my chances if I apply into Express Entry again..?

- Should I continue to apply in same NOC or should I change my NOC, as I have previous exp into more of sales and less of marketing

Timelines
#1st application
NOC - 1123
App recvd - 7th May, 2014
CC charged - No
ECAS live - No
App returned - Aug 8th, 2014

#2nd application
NOC - 1123
App recvd - 19th Sept, 2014
CC charged - Yes, 10th Dec, 2014
ECAS live - Yes
App returned - 8th Jan, 2014, Recvd in Feb

Would appreciate your help and guidance.. and what best can be done..!
1, It appears that you submitted the application prior to the completion of 1 year. The "To date" means nothing, you could have been fired/laid off the day after the application was submitted.
2. CIC is not going to contact your employer to confirm that you had completed the year, you have to had submitted a complete and eligible application.
 

Kanamen

Champion Member
Oct 20, 2010
1,662
563
CANADA
Job Offer........
Pre-Assessed..
Immigration Appeals - Forms

http://www.irb-cisr.gc.ca/Eng/ImmApp/pages/ImmAppForm.aspx
 

adtjindal

Star Member
May 2, 2017
185
42
new delhi
Category........
FSW
Visa Office......
NDVO
NOC Code......
0015
God Forbid ,If you get a letter in the mail from Canada Immigration advising you that your application for Canadian immigration was refused, do not panic! You have options.

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.
You may be eligible to Appeal your Canadian Immigration Application Refusal to the Immigration Adjudication Division (IAD) within a certain period of after your application was refused by Canada Immigration.
You may be able to make a request for Restoration to the Case Processing Centre (CPC) after being notified if the refusal.

Which option is right for you:

It depends on a number of factors such as the nature of the case. Is it a Skilled Worker Application, Canadian Sponsorship Application or Canadian Work Visa refusal?

And it also depends on where the Canadian immigration application was filed and processed. Was your Canadian immigration application filed within Canada or at a Canadian Consulate or Embassy outside of Canada?
Why did my Canadian Immigration Application get Refused?

Generally refusals for Canadian immigration applications do not just happen. When applications for Canadian immigration are submitted to Canada immigration, an immigration officer is responsible for reviewing the application and making an assessment about whether the application should be approved or denied. The immigration officer has guidelines for making decisions on immigration cases. These guidelines are found in the Immigration Regulations as well as Immigration Manuals.

When applications do not meet the various standards and criteria set out in the Immigration Regulations and Manuals, then the likely result is a refusal. However, in many cases, Canadian immigration officers make mistakes in their decisions. They often are too strict in their interpretation of the guidelines or they simply fail to review all the documentation and information in an application. Sometimes applicants are called for a personal interview and the immigration officer does not believe the applicant is credible or trustworthy.

Whatever the reason for the refusal, it is important to act very quickly once you are notified that your case was denied. You should then seek out a qualified and experienced Canadian immigration lawyer who is licensed. If your case has merit, then an Immigration Appeal should be considere
sourcehttp://www.visaplace.com/canada-immigration/immigration-refusal.php

Canadian Immigration Application Refusal

It can be devastating to learn that your application to reside in Canada has been refused.

Fortunately, you may have recourse. A Canada immigration officer's decision to refuse an application may be challenged if that decision was wrong in fact or in law, or if that decision is not in accordance with the principles of procedural fairness.

Family Class sponsors have an additional recourse. They can ask that a refusal be reversed by raising humanitarian and compassionate considerations.

You may retain our law firm to provide you with a detailed analysis of the refusal decision. We will also advise you as to which remedies may be available to reverse the refusal decision.

If warranted in your particular situation, we can do the following:

Reconsideration letters– If the refusal was based on an error in fact or in law, and/or if that decision was not in accordance with the principles of procedural fairness, write to the Program Manager of the Canadian Visa Office to point out the errors and to request a reconsideration of the refusal decision;

Appeal – Wrongful refusals may, in certain instances, be appealed to the Federal Court of Canada or to the appropriate provincial court or, in the case of family sponsorships, to the Immigration Appeal Division.


http://www.canadavisa.com/canadian-immigration-application-refusal.html

APPEAL OPTIONS (CANADIAN IMMIGRATION)

The formal place that immigration appeals are made is the Federal Court of Canada. Most people choose to be represented by a lawyer at Federal Court.

The Federal Court is a court that has judges who are lawyers. Federal Court is strict, formal and has more complicated procedures. Federal Court involves a two step process. The first step is to file an appeal to get leave which is done by arguing your case by filing documents with no actual appearance at the Federal Court. In order to get leave to appeal you must prove there was a serious mistake made by the visa officer at the interview. If you succeed and get leave, you get the permission of the Federal court to go to step two which is the actual appearance at Federal Court in person to argue the case.

A typical case would be a skilled worker or business (investor, entrepreneur, self-employed) immigration applicant who goes to the interview at the Canadian Consulate or Embassy overseas, meets with a visa officer and fails the interview. The visa officer will issue a rejection letter setting out the reasons for the rejection. The applicant has a limited number of days (60) to respond and file a notice to commence a court action to appeal the case. If you miss the deadline generally you are not able to file an appeal. There are certain special circumstances and legal arguments that can be made that will allow you to continue even if you miss the deadline.

The general procedure for a Federal Court appeal is after the applicant files the Notice to start the action, the Respondent who is Citizenship and Immigration Canada (“CIC”) files an appearance confirming they will oppose the appeal. The applicant receives a copy of the visa officer's files containing documents filed and most importantly a copy of the interview notes made by the visa officer that have been inputted into the government computer. After a review of this material the applicant will file an applicant's court record containing the written argument, photocopies of legal cases and law supporting the argument and the applicant's affidavit that is a written document telling the applicant's story.

The respondent CIC is represented by the Department of Justice (“DOJ”) and they file their argument. The applicant has a chance to respond to the points made by the respondent in the respondent's argument.

If leave is granted the Applicant gets to go to Federal Court to actually argue the case in person. This usually takes approximately 12-18 months from the date of commencing to appeal to get to Federal Court to argue the case in person. If no leave is granted the appeal is ended.

If you fail at Federal Court, you can also appeal to Federal Court of Appeal. If you fail at Federal Court of Appeal, you can also appeal to the Supreme Court of Canada. For both Federal Court of Appeal and Supreme Court of Canada you first must get leave to appeal.
Are you a legal firm? Or is this copy pasted? I'm looking for legal counsel (precautionary)