"A Special Case"

Old Jul 1st 2004, 3:54 pm
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Default "A Special Case"

Dear All!
One of my friend applied through a lawyer based in Canada in 2001(Feb).
He applied three times for student visa before..but his lawyer didnt mentioned that in his application.Now as per CIC Islamabad ,his case has been refused but his lawyer claims that "it is not" as he has not received any notification (refusal letter). I want the opinion from some experts.What can be done in his case ,....Can he apply again?
truly yours...
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Old Jul 1st 2004, 4:22 pm
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Default Re: "A Special Case"

Your friend is the one signing the application, not the lawyer - thus he is responsible for any omission, error or misrepresentation. Why did he sign application knowing that it contains untrue information? Why did he listen to "lawyer" advising him not to disclose facts?

For all potential applicants' sake here please give us the name of the lawyer, so everybody will stay away from him or her.

How your friend knows from Islamabad that case has been refused?

He can always apply again, but if case was refused due to misrepresentation, omission, lie, fraudulent documents, etc. then he is most likely in inadmissible class.

It is important to find first what was the real reason for refusal (if he is refused) and then if he is not inadmissible to prepare solid application package. I strongly recommed hiring more ethical and better experienced representative this time as it won't be easy to apply now.




Originally posted by AwaitingCA
Dear All!
One of my friend applied through a lawyer based in Canada in 2001(Feb).
He applied three times for student visa before..but his lawyer didnt mentioned that in his application.Now as per CIC Islamabad ,his case has been refused but his lawyer claims that "it is not" as he has not received any notification (refusal letter). I want the opinion from some experts.What can be done in his case ,....Can he apply again?
truly yours...
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Old Jul 2nd 2004, 9:03 am
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Default Re: "A Special Case"

Dear Andrew Miller,
Thank you very much for your comments about my friend’s matter.

Here are some explanations for your kind attention:

Q.Your friend is the one signing the application, not the lawyer - thus he is responsible for any omission, error or misrepresentation. Why did he sign application knowing that it contains untrue information? Why did he listen to "lawyer" advising him not to disclose facts?


A,Yes I do agree with you, But the situation was different, actually my friend’s sister is a Canadian PR and she met the lawyer and he advised her to just follow his instructions. He just sent the only pages of the application on which sign was required.
And his major mistake was that he didn’t mentioned to any one and just kept it secret.

Q,For all potential applicants' sake here please give us the name of the lawyer, so everybody will stay away from him or her.

A,Of course, I will write down all the details of that person but once I would let him some time to provide us the refusal letter.

He can always apply again, but if case was refused due to misrepresentation, omission, lie, fraudulent documents, etc. then he is most likely in inadmissible class.

Q,It is important to find first what was the real reason for refusal (if he is refused) and then if he is not inadmissible to prepare solid application package. I strongly recommend hiring more ethical and better-experienced representative this time, as it won't be easy to apply now.

A,After a long wait ,My friend made a phone call to Islamabad and was told that his case has been refused. So it was a verbal refusal.
As soon as we get the refusal letter I will write you directly and then we will negotiate about other matters.
Regards!

Last edited by AwaitingCA; Jul 2nd 2004 at 9:05 am.
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Old Jul 2nd 2004, 1:16 pm
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Default Re: "A Special Case"

Thanks, now it is more clear. Keep me updated please.




Originally posted by AwaitingCA
Dear Andrew Miller,
Thank you very much for your comments about my friend’s matter.

Here are some explanations for your kind attention:

Q.Your friend is the one signing the application, not the lawyer - thus he is responsible for any omission, error or misrepresentation. Why did he sign application knowing that it contains untrue information? Why did he listen to "lawyer" advising him not to disclose facts?


A,Yes I do agree with you, But the situation was different, actually my friend’s sister is a Canadian PR and she met the lawyer and he advised her to just follow his instructions. He just sent the only pages of the application on which sign was required.
And his major mistake was that he didn’t mentioned to any one and just kept it secret.

Q,For all potential applicants' sake here please give us the name of the lawyer, so everybody will stay away from him or her.

A,Of course, I will write down all the details of that person but once I would let him some time to provide us the refusal letter.

He can always apply again, but if case was refused due to misrepresentation, omission, lie, fraudulent documents, etc. then he is most likely in inadmissible class.

Q,It is important to find first what was the real reason for refusal (if he is refused) and then if he is not inadmissible to prepare solid application package. I strongly recommend hiring more ethical and better-experienced representative this time, as it won't be easy to apply now.

A,After a long wait ,My friend made a phone call to Islamabad and was told that his case has been refused. So it was a verbal refusal.
As soon as we get the refusal letter I will write you directly and then we will negotiate about other matters.
Regards!
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Old Jul 29th 2004, 12:53 pm
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Default Re: "A Special Case"

Dear Miller!
I am back again with the matter of friend! We just got a duplicate copy of refusal letter.
According to the assessment made by officer the points were at under:

Old criteria was applied:

Age:10
Ocupational factor:01
ETF :15
Exp:06
A r e:00
Demo:08
Edu:05 (Where as he is B.A ) and also has computer diplomas
Eng:09
French:00
Bonus:05
Suitablity:00

Total:59

And the date of decision is March 24,2003
There is no mention of any background check!
Now we are looking forward to you what can be done now! Can this case be opend as it is wrongly assessed? Visa officer awarede just 5 points in education factor and suitabilty:00

Awaiting anxiously!
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Old Jul 29th 2004, 2:29 pm
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Default Re: "A Special Case"

Are you sure that refusal decision is dated March 2003? Not 2004?

If it is 2003 then lawyer your friend hired is more than unethical - he kept refusal decision for that long?

If it is 2004 then your friend should also be assessed under new law, not only under the old one.

Fact that there is no assessment under new law indicates that decision was made in 2003.

In either case it is too late to challenge it.

Who is the lawyer?



Originally posted by AwaitingCA
Dear Miller!
I am back again with the matter of friend! We just got a duplicate copy of refusal letter.
According to the assessment made by officer the points were at under:

Old criteria was applied:

Age:10
Ocupational factor:01
ETF :15
Exp:06
A r e:00
Demo:08
Edu:05 (Where as he is B.A ) and also has computer diplomas
Eng:09
French:00
Bonus:05
Suitablity:00

Total:59

And the date of decision is March 24,2003
There is no mention of any background check!
Now we are looking forward to you what can be done now! Can this case be opend as it is wrongly assessed? Visa officer awarede just 5 points in education factor and suitabilty:00

Awaiting anxiously!
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Old Jul 29th 2004, 4:20 pm
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Default Re: "A Special Case"

Dear Sir,
Yes of course ,The date on the letter is March 24,2003.The CIC IBD sent the duplicate copy on 27-07-2004,
The Lawyer is Mr Nader of Suan Consultant and he works in Montreal queebic.
I will send the exact detail about him later !
What can you do know ! What do suggest?
Awaiting!
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Old Jul 29th 2004, 5:12 pm
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Default Re: "A Special Case"

It is rather clear that "lawyer" (probably not a lawyer at all) is the one to be chased after now for the money he took. There is also no CSIC member with last name "Nader". Good luck chasing him down. But even if your friend gets his money back (providing that he had money back guarantee in the contract) it won't solve the problem.

It is highly unethical to sit on the refusal decision for over a year without notifying client - but many crooks do just that to avoid paying back for as long as they can.

The only solution is new application and only if (1) your friend fully qualifies under current law and (2) all reasons behind the original refusal are properly dealt with.

You may contact me directly if you need further assistance.




Originally posted by AwaitingCA
Dear Sir,
Yes of course ,The date on the letter is March 24,2003.The CIC IBD sent the duplicate copy on 27-07-2004,
The Lawyer is Mr Nader of Suan Consultant and he works in Montreal queebic.
I will send the exact detail about him later !
What can you do know ! What do suggest?
Awaiting!
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Old Jul 29th 2004, 6:15 pm
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Default Couldn't find that lawyer on the internet, pls give more info (phone, email, website)

In reply to "The Lawyer is Mr Nader of Suan Consultant and he works in Montreal "

It is important that anyone can Identify this person to avoid hiring his services, I run several internet searches and all unsuccessful, can you please verify his info and provide something else? (like his address, or the name of his firm -as Suan doesn't exist-, etc) Thanks.
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Old Jul 29th 2004, 10:54 pm
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Default Re: Couldn't find that lawyer on the internet, pls give more info (phone, email, website)

Altought I understand the need to protect people from retaining the services of unqualified/unethical Attorneys or Immigration Consultants, I don't think it is appropriate to give names and accusing people without having both side of the stories. Simple rule of natural justice.

Who knows what the Lawyer as to say? Maybe he has a valid explanation? I don't mean to defend anyone here, but
since there are appropriate regulated bodies in Canada which deals with disciplinary complaints why don't you just simply contact the Quebec Bar and submit your complaint to their disciplinary board? Here are the contact information:

Barreau du Québec
445, boulevard Saint-Laurent
Montreal, Quebec
Canada
H2Y 3T8
Tel: (514) 954-3400
Toll free: 1-800-361-8495
Fax: (514) 954-3464

Membership Validation Service
Web site: http://www.barreau.qc.ca/en/repertoire/default.asp
E-mail: [email protected]

If this person is indeed an Attorney, they will easily locate him. If he is not, then it is illegal to practice the profession of Attorney in Canada without proper licencing. Therefore, the Quebec Bar will charge this person for illegal practice of the profession of Attorney.

You may not agree with my point of view. I respect that. However, what if someone post unfounded accusations on this forum? Why don't we just leave it up to the appropriate governing body to rule on the conduct of their members instead of posting names and accusations?


Originally posted by Carlau
In reply to "The Lawyer is Mr Nader of Suan Consultant and he works in Montreal "

It is important that anyone can Identify this person to avoid hiring his services, I run several internet searches and all unsuccessful, can you please verify his info and provide something else? (like his address, or the name of his firm -as Suan doesn't exist-, etc) Thanks.
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Old Jul 30th 2004, 4:16 pm
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Default Re: Couldn't find that lawyer on the internet, pls give more info (phone, email, website)

Dear All,
The name of the lawyer is Mr.Nader ,he is running a consultancy form
Shuan Consultants. Montreal.Queebec.

Attn:Miller,
We are in the process of getting file back from that culperate.
As soon as we get it ,we will send it to you via DHL.and after that you will be the who can tell us wether my friend can apply agian or not.
I have advised my friend to take IELTS in the mean time.

Will write later!
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Old Jul 30th 2004, 8:36 pm
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Default Re: Couldn't find that lawyer on the internet, pls give more info (phone, email, website)

AwaitingCA: Still there is no consultancy under the name Shuan, can you please provide the address or the phone, or their consultant authorization number or something? Because if you want people to be aware of them you should provide information to identify them at the same time.

Pizzaboy: I agree in only part of what you said, the person in question has real claims against this Shuan consultants (or whatever the name is), he shall include the consultant info, and to give him a chance to defend himself to notifiy him in an email as a courtesy,

Thanks.
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Old Jul 30th 2004, 11:31 pm
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Default Re: Couldn't find that lawyer on the internet, pls give more info (phone, email, website)

Hi,

If this person has a legitimate claim, it should be address the Quebec Bar. This is the main reason of their existance. Protecting the general public from unethical Attorneys. This website is not a tribunal and no one here is in a position to clearly determine what happened in this case or in any case. Notifying the Attorney as a courtesy will not change anything.

Do you really think this Attorney will come on this website to defend himself? Attorneys are bound by professional secret. They cannot openly discussed their case without proper consent. Moreover, since there is a real possibility the Attorney has to defend his action before the disciplinary board of the Québec Bar, do you really think he wouldl jeopardize his case by disclosing information on a forum!

Before retaining the services of a consultant or an Attorney, how come some people don't verify their credentials?? Before I send money to some consultant/attorney, I will certainly investigate his qualifications. CSIC and the respective provincial law society are there to allow the public to verify if the consultant/attorney as any disciplinary record. Moreover, did you asked any questions before hiring this consultant?? Did you verify if the answers he was providing were truthful or you simply sent money like this?

If someone hire an unethical or unprofessional Attorney or Consultant, then please refer to the appropriate regulated body to submit your complaint. Disclosing names and accusations on this board is inappropriate. The appropriate regulated body will hear your case and the Attorney will have the opportunity to defent himself. If you are right, you will receive damages.

Good luck


Originally posted by Carlau
AwaitingCA: Still there is no consultancy under the name Shuan, can you please provide the address or the phone, or their consultant authorization number or something? Because if you want people to be aware of them you should provide information to identify them at the same time.

Pizzaboy: I agree in only part of what you said, the person in question has real claims against this Shuan consultants (or whatever the name is), he shall include the consultant info, and to give him a chance to defend himself to notifiy him in an email as a courtesy,

Thanks.
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Old Jul 31st 2004, 7:10 am
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Default Re: Couldn't find that lawyer on the internet, pls give more info (phone, email, website)

Dear All,
We will make a complaint and will also write down all the info along with his numbers.He took money from my friend in a fraudulant way and wasted his time almost 4 years.Althuogh its my friend's fault he didnt investigate about that lawyers past.
It is very simple whenever some one gets in trouble he hires a professinal and then this is "proessional "'s duty to do the job in the very right in the first place in a professional way for which he is being paid.

Now ,after a very long search we have decided to have the services of a well known lawyer.

Regards!
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