+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

wrongful refusal

Kris Chevy

Newbie
Mar 15, 2016
5
0
This is a conversation exchange with CIC about my application:(study visa)
Dear Sir,
I’m writing this letter for you to ask my questions about your decision.
I don’t understand how can be my application refused when it was approved already by Vegreville. All we were waiting for is the Authorization to Return to Canada. Which was supposed to be given us after my application was approved.
I applied for the Study Permit on the 3rd of November 2015. Submitted all the relevant documents and supplied the details of our staying and leaving Canada ten years ago. (2001-2005 refugee status)
My Study Permit has been approved 8th of November 2015 by Vegreville, Canada. We never got any other document only the Study Permit, never been asked for application fee for the ARC. We didn’t even know that we need that. On the Citizenship and Immigration Canada website says we should not apply for the ARC separately, it will be dealt within the application when it is approved.
We planned everything ahead, bought the airplane tickets, rented an apartment and paid the security deposit and three month rent. We took our children out of school and left our jobs because I got the opportunity to study in Canada. We were so happy to have the chance to show our Canadian son Canada while I was studying.
When we arrived in Canada on the 1st of January 2016 the Border Officer asked for the Authorization to Return to Canada. We could not show it as we didn’t get it. The Officer said if we had the ARC it wouldn’t be a problem to let us in and give the Open Work Permit to my husband. Officer Ian Cohen (11564. Calgary,AB) reassured us that we can give his name to anyone who has any question about our case. Please contact with him and he can explain to you our situation and what happened on the Canadian border. They gave us the date to leave Canada, 6th of January 2016.
We called the CIC Office on the 5th of January 2016. The gentleman on the phone admitted that we were supposed to get the ARC with the Study Permit and it is not our fault that we didn’t and he’s going to send a message to Vegreville about this (we recorded this conversation), but we still had to leave the country. We left Canada on the 6th of January 2016.
Since then we waited for the message from Vegreville about the ARC. Instead of that we saw my application status changed from approved to submitted and a week later refused. How is that legal procedure? How is that possible Vegreville sent my application to London, UK with a submitted status to deal with it when it has been approved once already.
How easy to ruin a family's life, easier to pass the responsibility someone else instead of admit the mistake or even fix it.
We're looking for is an explanation how this can happen, how this can be resolved. We put so much effort and lot of money into this opportunity and all of it has been wasted.

, <LDNIMMIGRATION@international.gc.ca> wrote:
Dear Ms,

When your status as an individual previously deported from Canada was noted, Vegreville cancelled their previous decision, re-opening the application. Your application was then referred to London for processing as a complex case, as complex applications are processed by our office.

In order to approve an application an officer, as one of a number of criteria that must be met, must be satisfied that the applicant will leave Canada by the end of the period of any authorized stay.

Upon review of your application, including your reasons for travel to Canada, your purpose for travel to Canada, your ties to your country of residence, and your previous history, the officer was not satisfied that you would be a genuine student or respect the terms and conditions of a study permit should one be issued. As such your application was refused, and you were provided with a letter indicating the reasons for the decision.

Yours sincerely,

JT00722
Temporary Resident Unit | Unité des résidents temporaires
Immigration Division | Direction de l'immigration
Canadian High Commission l Haut-commissariat du Canada
Canada House | Maison du Canada
Trafalgar Square
London | Londres
SW1Y 5BJ

To: LDNIMMIGRATION@international.gc.ca



Dear Sir / Ma'am,

In November Vegreville should have noticed we were in Canada before and we were deported. We didn't hide anything , we put every detail into the application, mine and my hudbands as well.
The officer at the border noticed we need the ARC in a few minutes, why the other officer in Vegreville didn't? He/she made the decision and gave me the permission to study in Canada. Based on that decision we planned everything, spent a lot of money and traveled to Canada. Just the plain tickets cost $17000 plus the other expences; hotel,the security deposite for the apartment...who's going to pay that money back to us? And emotional turture for the children? You know how many nights they cried over because of that 'small' mistake made by Vegreville.
Vegreville changed my appication status after we contacted with them while we were in Canada already and we told them we need the ARC. Then they noticed we were deported from Canada before and then they changed my status? When we already spend so much money? This was a huge mistake!
I'm not asking for the ARC or the Visa I'm asking for my money back. Because it wasn't my fault. It was the Canadian Immigration fault they made the mistake and we and our kids paid for it.
The two decision were based on the same application. How come one officer aproved my application and the other refused? How is that even possible? The first officer who approved my application didn't noticed that we were deported before than it's his/her fault so that's why we wasted lot of money. Based on the Vegreville aproval we spent more than $17000!
This is not a board game.. a family's life at the stake. If we would come back to Ireland after I finished my studies we would have time to prepair everything from Canada, apartment and jobs. But like this we just struggling to find a place to live and work now.
This letter has been forwarded to Minister of Immigration’s office because we can't accept your explanation.


Hopefully someone can give us advice what to do where to go with are case!!! (we don't have money for lawyer)
 

steaky

VIP Member
Nov 11, 2008
14,298
1,628
Job Offer........
Pre-Assessed..
Even so, it's not uncommon that a visa holder arrived in Canada was refused entry and had to return to whatever he or she came from due to various reason.

I don't expect any money back in this situation.
 

tinacraigg

Hero Member
Nov 16, 2013
463
8
nova scotia, canada
Category........
Job Offer........
Pre-Assessed..
LANDED..........
Jan 22, 2016
Hi, try getting an immigration lawyer. It happened to me, and I didnt do 2nd thoughts...Now I have my PR.Thank God
 

Kris Chevy

Newbie
Mar 15, 2016
5
0
tinacraigg said:
Hi, try getting an immigration lawyer. It happened to me, and I didnt do 2nd thoughts...Now I have my PR.Thank God
Hi Tina my problems is I have no money for a lawyer.