My AOR is Jan 29, I am from Hong Kong but somehow my VO is Ottawa.Sirgic said:
WAW, I was thinking that the chances for being rejected after 10 months (AOR) are almost zero . There are VO who are historically known for delays such as ADVO (Average processing time is 7 months) <<<<giving hope for myselfCowkiki said:
I found this earlier this year when I was doing some research on the security screening and it scared everything out of me. The thing is, due to the expected long processing at that time, this guy didn't even look into it until his fourth year of waiting.Cowkiki said:@Sirgic, I have the exact same thought as you. Have been stuck in the security check for months. I googled about long security check today and was surprised (and horrified) to find this guy’s very unfortunate experience: stuck in security check for four YEARS only to find that it was due to the CIC’s bureaucratic malfunction.
https://secure.immigration.ca/forum/forum_posts.asp?TID=1191&PN=1&title=delayed-background-check-csis-mandamus
TL;DR: this guy’s security check took four years until he finally sued CIC because there was a misunderstanding between CSIS and CIC, he knew it after ordering numerous GCMS notes.
“In our case, it seems that CSIS had sent some sort of reply to CIC a bit after BC started, but CIC didn't see that reply. So CIC kept waiting for 2 years without trying to ping CSIS and see what was going on (despite my numerous requests)!!! When they finally pinged CSIS again, CSIS asked CIC to request them to start a new BC and hinted that this time CIC can ask them to mark it as an urgent case. But even after one more year, that second BC was not finished. This is all I know.”
Guys, given that you are just a normal human-being with a clean background, it is NOT normal to have your security screening stuck for several months! And obviously from the post, for some cases, just “waiting patiently” will NOT lead to any good result.
Also, the guy in the post listed every step he took to fight for himself in which the last step was taking the case to federal court based on a concept called "writ of mandamus". He did a thorough research on all the court cases relating to this concept (he is really a brave and strong soul).
“So my lawyer filed a claim on my behalf based on the fact that I had been waiting for my immigration for a bit more than 4 years and the fact that I had never been involved in any "bad stuff". My lawyer told me that in most of the cases, the moment you sue immigration, the wheels start to move and CIC tries to finalize your file before they have to appear in court. So most likely, you'll get your immigration before the court date. And that was exactly what happened to me. When you file for mandamus, it may take around 3 months for the court to accept to take your case and set a court date and the court date may be within 3-4 months of that time (so your court date may be 6-7 months after you file your claim).
In my case, right after I filed my claim, immigration contacted me and asked for my updated address. Then, they started to ask for some documents, etc (including renewing my medicals). After the court date was set, they seemed to double the speed! Long story short, I got my immigration visa shortly after the court date was set (i.e., a few months before the court date).”
My heart is still sinking when I am typing this post. This thread has been a “Chicken Soup for the Soul” for us who have crossed six months. But I do suggest we can also do our own research on the long security check (since everyone has his/her unique googling/researching skills and different sources of information), share our findings/information/experience here, exchange our ideas and then, maybe make some strategies for this problem?
Let me know your thought
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Dear Tocanadawego and all friends,Tocanadawego said:
I am just a little woman I don’t know why I end up crazily reading those tedious court cases LOL :'( :'( :'(… anyway, so much for my brain today. Have a nice weekend guys!
Wow, amazing effort! Thank you for this! This is a very interesting read and what baffles me is that even after multiple court cases that they lost on the same basis, IRCC is still sticking with their old habits. They really need to sort themselves out in a sense that they are able to offer some proper explanation to people who have been waiting endlessly and don't know why.Cowkiki said:Dear Tocanadawego and all friends,
I am so happy to hear about your update! Sincerely hope your PPR will come very soon!
I have read through the court cases regarding the long processing time, not to say that we have to sue CIC in any near moment now, but some of the judges’ analysis shed some light on a few things we should bear in mind NOW:
In a case (Abdolkhaleghi v. Canada (Minister of Citizenship and Immigration) if you are interested to read it further), the judge set out three criteria to be met when finding that the delay was unreasonable:
1. the delay in question has been longer than the nature of the process required, prima facie;
2. the applicant and his counsel are not responsible for the delay; and
3. the authority responsible for the delay has not provided satisfactory justification.
(1) Regarding “whether the delay was justified”, the judge stated this:
“if there is a long delay without adequate explanation, then mandamus can follow. To simply state, in response to the applicants' requests for information as to why their applications are taking so long to process, that a security investigation by CSIS is ongoing is NOT an adequate explanation. What will constitute an adequate explanation will of course depend on the relative complexity of the security considerations in each case. A blanket statement to the effect that a security check investigation is pending, which is all that was given here, prevents an analysis of the adequacy of the explanation altogether. And concerns instead appear to be lacking as a result.”
(2) Regarding the administrative delay:
Quote from “Shahid v. Canada (Citizenship and Immigration)”
“while it may be possible that the applicants are responsible for some of that delay if their applications contained contradictory information as the Minister asserts, they have provided updated information as soon as they were asked to do so and indeed before they were asked to do so. The period of over two years, between early 2007 and the spring of 2009, during which they were left in the dark as to CIC’s concerns over their application is unexplained and unreasonable. It took the applicants’ counsel’s request for their file under the Privacy Act for them to find out why their application was not being processed. It took, apparently, the filing of this application for mandamus for CIC to respond to the applicants’ counsel’s letters, two of which the Minister admits it received on February 17 and May 27, 2009, respectively.
In addition, as I held in Conille, above, the necessity to conduct security and background is no justification for administrative inaction. In the absence of any statutory limits on the length of an investigation, it can serve as a convenient excuse for indefinite delay, which the Court will not accept. In each case, the Court must ask itself whether the facts are such that the administrative delay is reasonable or not. Much of the delay in the case at bar appears to be due to CIC’s neglect and is thus unreasonable.
(I am not a lawyer) in my opinion, it is necessary to:
1) Update your progress regularly (e.g. ordering GCMS notes), try to find the potential deadlock, and ask CIC about IT (in WRITTEN so you can keep the correspondence, e.g. email, letter, CSE etc.);
2) Gain CIC’s “explanation” regularly in a formal form, just to keep a record that we have frequently requested our status update. And of course very often they will give us “your case is in process” “there is no timeframe”, keep that record;
3) If you have spotted any “problem” from your side, raise a CSE or proactively provide further information to the CIC. Take every reasonably practicable step from your side to avoid the delay;
4) If the CIC requests anything from you, cooperate with a very timely manner.
Yes i think so.DreamCanada16 said:
Cowkiki said:@Sirgic, I have the exact same thought as you. Have been stuck in the security check for months. I googled about long security check today and was surprised (and horrified) to find this guy’s very unfortunate experience: stuck in security check for four YEARS only to find that it was due to the CIC’s bureaucratic malfunction.
https://secure.immigration.ca/forum/forum_posts.asp?TID=1191&PN=1&title=delayed-background-check-csis-mandamus
TL;DR: this guy’s security check took four years until he finally sued CIC because there was a misunderstanding between CSIS and CIC, he knew it after ordering numerous GCMS notes.
“In our case, it seems that CSIS had sent some sort of reply to CIC a bit after BC started, but CIC didn't see that reply. So CIC kept waiting for 2 years without trying to ping CSIS and see what was going on (despite my numerous requests)!!! When they finally pinged CSIS again, CSIS asked CIC to request them to start a new BC and hinted that this time CIC can ask them to mark it as an urgent case. But even after one more year, that second BC was not finished. This is all I know.”
Guys, given that you are just a normal human-being with a clean background, it is NOT normal to have your security screening stuck for several months! And obviously from the post, for some cases, just “waiting patiently” will NOT lead to any good result.
Also, the guy in the post listed every step he took to fight for himself in which the last step was taking the case to federal court based on a concept called "writ of mandamus". He did a thorough research on all the court cases relating to this concept (he is really a brave and strong soul).
“So my lawyer filed a claim on my behalf based on the fact that I had been waiting for my immigration for a bit more than 4 years and the fact that I had never been involved in any "bad stuff". My lawyer told me that in most of the cases, the moment you sue immigration, the wheels start to move and CIC tries to finalize your file before they have to appear in court. So most likely, you'll get your immigration before the court date. And that was exactly what happened to me. When you file for mandamus, it may take around 3 months for the court to accept to take your case and set a court date and the court date may be within 3-4 months of that time (so your court date may be 6-7 months after you file your claim).
In my case, right after I filed my claim, immigration contacted me and asked for my updated address. Then, they started to ask for some documents, etc (including renewing my medicals). After the court date was set, they seemed to double the speed! Long story short, I got my immigration visa shortly after the court date was set (i.e., a few months before the court date).”
My heart is still sinking when I am typing this post. This thread has been a “Chicken Soup for the Soul” for us who have crossed six months. But I do suggest we can also do our own research on the long security check (since everyone has his/her unique googling/researching skills and different sources of information), share our findings/information/experience here, exchange our ideas and then, maybe make some strategies for this problem?
Let me know your thought
I will be waiting for my notes next week, then I will send a request to CSIS. But didn't you notice that they take 8 weeks to reply and give you the feedback, while in CIC application the screening and BG takes monthssssss?Cowkiki said:
