suing cic, dmp, chc delhi over the delay

[rajani.venkatesh]

Friends,

Is it possible to sue CIC/CHC and/or the DMP over the delay and mental stress they have caused resulting in my application getting delayed.

Like DMP did not work with me to see if I have had any condition but just referred it to CHC.

CHC was so slow that even after final report just decided to wait.

Do I have a legal ground on this ?

-R

 

[PMM]

Hi

Friends,

Is it possible to sue CIC/CHC and/or the DMP over the delay and mental stress they have caused resulting in my application getting delayed.

Like DMP did not work with me to see if I have had any condition but just referred it to CHC.

CHC was so slow that even after final report just decided to wait.

Do I have a legal ground on this ?

-R

1. The DMP doesn't work for you s/he just reports the findings and will only tell you the results if you have a disease/condition that is an imminent threat to your health.
2. Take lots of money, hire a Canadian lawyer apply for leave to appeal to Federal Court if it makes you feel any better.

PMM

 

[rajani.venkatesh]

I figured you would say something like that. However I am very unhappy with my DMP for the following reasons.

DMP would do the tests and say that they would send the results. I would ask for tracking number so I can see if the results reached etc., they would not give that info.

I was already undergoing stress due to time, medical test etc., but DMP was not being co-operative on the non-medical side of things.

From a humanitarian standpoint it is good to do so. I would like to see that the DMP is given this feedback by the CHC.

I want the DMP to behave in a more nicer way while doing the work they do. Be strict on the standareds of testing etc., but be nice to the clients so they have a nice experience.

-R

 

[toby]

I understand your frustration at the bureaucracy. Unfortunately -- and it galls me to know this -- one cannot sue the government, or a functionary working in the government. Nice for them, since it allows them to be as rude as they wish.

You might have more luck "suing" the DMP, who is merely working on contract for the government. If you feel he has not fulfilled a duty (for example, if you find out that he has not sent the medical results), then you could make an offical complaint with the government agaisnt the DMP. Bureaucrats hate anything smacking of controversy and trouble, so they might eliminate the DMP from their approved list rather than have to deal with more of such complaints.

WHen you do make your complaint (to the VISA Office), copy your local member of parliament, the Minister of Immigration, and the DMP. At least the DMP will lose a few nights' sleep.

But if you don't have evidence of malfeasance, if you are merely (but rightly) bothered by his unhelpful attitude, you don't have a strong case. In this circumstance, make sure you make your complaint after your case is decided to avoid the possibility of someone shelving your application in revenge.

 

[Karlshammar]

You can most certainly sue the government under many circumstances...

 

[YorkFactory]

Whether you'll win is another matter entirely.

 

[helios]

Whether you'll win is another matter entirely.

One thing governments hate to do is to admit they are wrong. They would much rather spend millions in lawyer fees all the way to the supreme court than to address a simple apology. The truth is, very few individual is capable of out lasting a government through such ordeal.

If it is your desire to sue the government, be prepared for a very lengthy and costly battle.

 

[toby]

That's good news to me, Karlshammer. Under what circumstances could one sue the government?

I am thinking of taxes, for example, where an auditor can be really stinky, misuse ill-founded gross-negligence penalties in an obvious attempt to bully the taxpayer into paying debatable taxes, get overruled by appeals officers, yet suffer NO repercussions for being a jerk. Cannot be sued in court, canot even be taken in front of a tribunal. The best the taxpayer can do is appeal to a fairnesss commission, which does nothing to punish the miscreant auditor.

I saw this many times in my old job as a financial planner.

Where CAN one sue?

 

[fallenstar831]

I figured you would say something like that. However I am very unhappy with my DMP for the following reasons.

DMP would do the tests and say that they would send the results. I would ask for tracking number so I can see if the results reached etc., they would not give that info.

I was already undergoing stress due to time, medical test etc., but DMP was not being co-operative on the non-medical side of things.

From a humanitarian standpoint it is good to do so. I would like to see that the DMP is given this feedback by the CHC.

I want the DMP to behave in a more nicer way while doing the work they do. Be strict on the standareds of testing etc., but be nice to the clients so they have a nice experience.

-R

I hate to break the news, but no one gets a tracking number from a DMP. It is not common practice, we got a letter bakc saying they were sent and my husband didn't have AIDS (how nice right?). Also, I'm pretty sure that everyone receives stress over immiration. You can try sue, but there is no way you will win. If you do every single person who is applying for immigration will sue, and no one will let that happen, it sets precident. So unless that doctor physically harmed you during your examination, good luck. You can try file a complaint with Immigration Canada it might affect that persons DMP status - but I dont think you will get far at all with sueing.