Experts help-appeal against decision
Nov 21st 2006, 10:57 am
#1
Just Joined
Thread Starter
Joined: Nov 2006
Posts: 4
Experts help-appeal against decision
Hello experts,
I had my interview at the canadian embassy 2 months back. About a week ago or so, I received a mail from them rejecting my application on the basis of my work ex. I've been working for my father since the last 6 years and yet continue to do so. In their assessment, they have awarded me zero for my work ex, without which I make 51 points.
Can I appeal against this decision, as this is completely unreasonable. I provided them proof like my work ex letter and all.
Thank you for your help,
Regards,
British expat
I had my interview at the canadian embassy 2 months back. About a week ago or so, I received a mail from them rejecting my application on the basis of my work ex. I've been working for my father since the last 6 years and yet continue to do so. In their assessment, they have awarded me zero for my work ex, without which I make 51 points.
Can I appeal against this decision, as this is completely unreasonable. I provided them proof like my work ex letter and all.
Thank you for your help,
Regards,
British expat
Nov 21st 2006, 11:31 am
#2
Joined: May 2004
Posts: 8,984
Re: Experts help-appeal against decision
Foreigners have no appeal right when it comes to any Canadian immigration application (permanent or temporary visa).
But if you believe that refusal decision was made in error then you may ask visa post for re-consideration, providing that you can provide conclusive evidence that officer made an error. Quite hard to do as it is likely a result of your failed interview, but you won't know until you try. It is your only chance to try to make it work relatively fast. Otherwise you will have to re-apply.
It is a time limited option and not something you want to do on your own - you already found the hard way that applying under your circumstances without professional assistance was a huge mistake costing you years of now destroyed hopes.
I strongly advise you to retain immediately a full assistance of reputable and experienced authorized immigration representative in Canada if you want to have a shot.
But if you believe that refusal decision was made in error then you may ask visa post for re-consideration, providing that you can provide conclusive evidence that officer made an error. Quite hard to do as it is likely a result of your failed interview, but you won't know until you try. It is your only chance to try to make it work relatively fast. Otherwise you will have to re-apply.
It is a time limited option and not something you want to do on your own - you already found the hard way that applying under your circumstances without professional assistance was a huge mistake costing you years of now destroyed hopes.
I strongly advise you to retain immediately a full assistance of reputable and experienced authorized immigration representative in Canada if you want to have a shot.
Originally Posted by British Expat
Hello experts,
I had my interview at the canadian embassy 2 months back. About a week ago or so, I received a mail from them rejecting my application on the basis of my work ex. I've been working for my father since the last 6 years and yet continue to do so. In their assessment, they have awarded me zero for my work ex, without which I make 51 points.
Can I appeal against this decision, as this is completely unreasonable. I provided them proof like my work ex letter and all.
Thank you for your help,
Regards,
British expat
I had my interview at the canadian embassy 2 months back. About a week ago or so, I received a mail from them rejecting my application on the basis of my work ex. I've been working for my father since the last 6 years and yet continue to do so. In their assessment, they have awarded me zero for my work ex, without which I make 51 points.
Can I appeal against this decision, as this is completely unreasonable. I provided them proof like my work ex letter and all.
Thank you for your help,
Regards,
British expat
Nov 21st 2006, 12:36 pm
#3
Retired
Joined: Apr 2004
Posts: 34,649
Re: Experts help-appeal against decision
Originally Posted by Andrew Miller
Foreigners have no appeal right when it comes to any Canadian immigration application (permanent or temporary visa).
Does Canada have a statute prohibiting non-Canadians from access to the Canadian judicial review system?
Nov 21st 2006, 1:10 pm
#4
Joined: May 2004
Posts: 8,984
Re: Experts help-appeal against decision
Jeremy, when we talk about appeal under IRPA then we talk about appeal to Appeal Division of IRB. There is no appeal process for foreign applicants here.
Of course every decision may be challenged in court - in case of foreign applicants the only open route is filing for Judicial review with Federal Court and only if they can prove that challenged decision was made in error in law or in disregard of the law. If they can't prove it then Judicial Review is not granted, If they can prove it then Judicial Review takes place and court may send challenged decision back to visa post for new assessment. Court cannot change the decision to a positive one.
More - we are talking about 1 to 2 years of legal battles and tens of thousands of $$$ wasted if Judicial Review route is taken. Thus I only recommend it if there is absolutely no chance to qualify when re-applying after request to visa post for re-consideration was refused.
Again - Judicial Review is not an appeal process.
Of course every decision may be challenged in court - in case of foreign applicants the only open route is filing for Judicial review with Federal Court and only if they can prove that challenged decision was made in error in law or in disregard of the law. If they can't prove it then Judicial Review is not granted, If they can prove it then Judicial Review takes place and court may send challenged decision back to visa post for new assessment. Court cannot change the decision to a positive one.
More - we are talking about 1 to 2 years of legal battles and tens of thousands of $$$ wasted if Judicial Review route is taken. Thus I only recommend it if there is absolutely no chance to qualify when re-applying after request to visa post for re-consideration was refused.
Again - Judicial Review is not an appeal process.
Originally Posted by JAJ
Maybe no right to a merits based review at a tribunal, but an error of law (as opposed to fact) could always be challenged in court.
Does Canada have a statute prohibiting non-Canadians from access to the Canadian judicial review system?
Does Canada have a statute prohibiting non-Canadians from access to the Canadian judicial review system?
Nov 21st 2006, 2:39 pm
#5
Forum Regular
Joined: Apr 2004
Posts: 46
Re: Experts help-appeal against decision
Dear Andrew,
I am a frequent reader of your replies.I am your fan since long when I was just an applicant and now i am a PR.I have taken number opinions from u and each one was fully detailed and was to the point.Your speciality is to tell the truth not like "so called consultants" who are deceiving people.
please keep replying for those who need ur experties.
Best regards!
I am a frequent reader of your replies.I am your fan since long when I was just an applicant and now i am a PR.I have taken number opinions from u and each one was fully detailed and was to the point.Your speciality is to tell the truth not like "so called consultants" who are deceiving people.
please keep replying for those who need ur experties.
Best regards!
