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How to appeal or challenge CIC-Buffalo's decision (CEC case)

How to appeal or challenge CIC-Buffalo's decision (CEC case)

Old Dec 21st 2008, 7:04 am
  #16  
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Default Re: How to appeal or challenge CIC-Buffalo's decision (CEC case)

Originally Posted by happydog79
Stef and Lins,

Thank you for your advice and hope you two the best luck in your ongoing application. So, in your case when you said you received your 60 days letter(at your signature part), did CIC or Fed court turn over the decision to award that 2 points? or you are still waiting for the federal court decision? In your writing you sound you had to hire a lawyer to fight on CHC(London?) decision, but you did not mention if the appeal was granted or if you are still waiting.

My first refusal letter was dated November 21, 2008, so it seems I have January 20, 2009 deadline to file the appeal at the federal court. I really hope I don't have to go there to fight on this, but if that's the worst case scenario I have to prepare that too.

Unfortunately, I can't afford the lawyer. I will probably need to contact legal aid/clinic to get some help from there. Or, I have a couple of friends who are lawyers, so I will get some advice but may not get their representation.

On the bright note, my post graduation wp is until February, 2010 and may be able to extend it until September 2010 to let me stay in Canada. Therefore, I have enough time to wait for Fed. court decision.

Earlier today I received an email from my school official saying he would fax the letter confirming the school is "provincially recognized" with supporting documents to CIC Buffalo, so I hope Buffalo would reconsider this time.

My sincere thanks to Jim Humphries. I already laid out and faxed the citation and facts twice to convince the officer. However, as my second refusal letter says, it seems they "fully concluded" my application already. If I have a different information, they want me to file a new application instead of requesting more clarification or reconsideration about the refusal. How convenient for them and how inconvenient for me!

Also thanks to PMM, BristolUK, and afoks.
afoks, you sound like you have some knowledge about BC education system or you work in the sector. I value your opinion. However, I think the immigration procedure and the brand new program and policy like CEC are not meant to bring some confusion interpreting each word at law. And from your post earlier, can you define what the difference between the words "removed" and "replaced" is.

To me, throughout this CEC experience, I get the impression that CIC prepared this CEC program in very much crunched time, and they didn't have enough time to train the officers who make the decisions. I remember the program was introduced in late 2007, early 2008, and they had more than 9 months to throw out the details to the public. However, the actual detailed procedures and regulations were not revealed until the same day the program started and the law started being effective.

Also, afoks. You metioned about the legitmacy of PCTIA's recognition from the BC government or education ministry. If you read the PCTIA act from the website http://www.aved.gov.bc.ca/privatecar...ng/welcome.htm, it says the following.

"The Private Career Training Institutions Act was passed in the legislature in November 2003. This Act establishes the PCTIA as a self-regulating, cost-recovery agency governed by a board of industry representatives."

Therefore, even though PCTIA is a self-governing body to register or accredit their programs, their existence and act were passed in the legislature in BC government.

I will still take your advice and call BC education ministry. However, whether they confirm in writing the school is "recognized" in their opinion(I highly doubt they will give me this in writing though), the PCTIA is a recognized agency in BC by law.
Hi
We got the 60 day letter in April, sent docs beg May, went on holiday to our chosen area in July, picked a lot to build our house, chose all fixtures and fittings for the build, noticed on e-cas that our case had changed to decision made, tried to find out by e-mail what decision was, reply that we would receive a letter, got the house checked each day for post, returned on 8th Aug, still nothing, e-mailed CHC to say we had not received a letter. One was then sent and we got it on 15th Aug, (letter dated 1st Aug came from Hungary....budapest office) Sent reply e-mail case specific, followed by a registered letter pointing out their error, did not show as being delivered by post office, so made enquiries, assumed lost in post. Sent another letter recorded delivery this time to case officer (named) No reply, so 10 days later sent a letter to the person in charge, and after 4 weeks got a reply saying that because my husband was educated in Scotland where secondary education takes 4 years, they were disallowing his 5th year of optional study, almost treating him as if he was some kind of thicko who was required to resit a year.....which was not the case.

They took 5 points off us leaving us 2 points short and not even offering us an interview, where we could easily have made up those points on adaptability.

We were so shocked and sought Legal advice from a Lawyer in Canada, who said that they could not do that, and that, as they were not taking any notice of trying to put their mistake right, we had to resort to Legal action through the Federal Court. This action was started on 10th October to make sure it was within the 60 days deadline from when we received the letter.

So it is pending a hearing date if the judge believes we have a case when it goes for judicial review, if so it will be heard, so we are waiting for a date. Our Lawyer is hopeful of a positive outcome as the criteria used re education states 'How many years in Full Time education' and not that you had to achieve even one certificate.....so as it has been confirmed by the Education Dept in Scotland, that my husband was not back-classed and that it was and still is the norm for students to opt to stay on at the end of the compulsory education 4 years.....can't see that they can dispute that.

We have also backed this up with a letter verifying that my husband sat exams in 1981 and 1982 from the Scottish Qualifications Authority.

What is very interesting and annoying is that we sent in the documentary proof of those years with the original documentation and when they asked for updates, they said nothing about his education nor were we asked for additional information....which we could have so easily supplied. That is what is making us so angry.

My husband has been a serving Police Officer for the past 18 years and they have allowed his Police Probationary 2 year period to count as a 2 year Post secondary qualification.....so what relevance really does what happened at school have now?????

Hope this helps, sorry it makes rapid reading.............but in a hurry to reply to you
Good luck
Stef and Lins
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Old Dec 27th 2008, 11:04 pm
  #17  
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Default Re: How to appeal or challenge CIC-Buffalo's decision (CEC case)

First of all, after reading your story I felt that you have a strong case that CIC-Buffalo had made an error in rejecting your CEC application. However, after taking a closer look at the wordings of your rejection letter, I found something very interesting. Now, I believe the immigration case officer was correct in rejection your application.

According to “Regulations Amending the Immigration and Refugee Protection Regulations (Canadian Experience Class) P.C. 2008-1596 September 4, 2008” Canada Gazette Vol. 142, No. 19 — September 17, 2008.

----------------------------- Quoted from the Gazette -----------

“A foreign national is a member of the Canadian experience class if (a) they…having obtained

A) a diploma, degree or trade or apprenticeship credential issued on the completion of a program of full-time study or training of at least two years’ duration at a public, provincially recognized post-secondary educational or training institution in Canada,

(B) a diploma or trade or apprenticeship credential issued on the completion of a program of full-time study or training of at least two years’ duration at a private, Quebec post-secondary institution that operates under the same rules and regulations as public Quebec post-secondary institutions and that receives at least 50 per cent of its financing for its overall operations from government grants, subsidies or other assistance,

(C) a degree from a private, provincially recognized post-secondary educational institution in Canada issued on the completion of a program of full-time study of at least two years’ duration, or

(D) a graduate degree from a provincially recognized post-secondary educational institution in Canada issued on the completion of a program of full-time study of at least one year’s duration and within two years after obtaining a degree or diploma from an institution referred to in clause (A) or (C), or “

----------------------------

Now let us analyze your application criteria.

Clause (A) does not apply to you because your school is private. This clause only applies to “public” post-secondary educational or training institution in Canada.

Clause (B) does not apply to you because your school is not located in Quebec.

Clause (D) does not apply to you because your diploma is not a graduate degree (such as Master Degree in Accounting).

Now we can eliminate clauses (A), (B) and (D) as these do not apply to your case. Let us focus on clause (C).

As stated in clause, “(C) a degree from a private, provincially recognized post-secondary educational institution in Canada ...”, I believed that the immigration case officer rejected your application based on a British Columbia law definition of a “degree”.

Your “Professional Accounting Management Diploma from AXXXX College, in Vancouver, BC” is not an authorized “Degree” as defined by British Columbia’s “Degree Authorization Act”. After Degree Authorization Act was enacted into a law on November 2003, private post-secondary institutions, such as AXXXX College, can no longer offer “Degrees” to students. To become a “Degree” granting institution, it must obtain an approval from the Minister or the Minister appointed body “The Degree Quality Assessment Board”. I believe that your school, “AXXXX” College, was never assessed by The Degree Quality Assessment Board to become a “Degree” granting institute. Therefore, the diploma you obtained from AXXXX College was not a “Degree” as defined in Degree Authorization Act. In the view of the immigration case officer, your diploma is more or less a “certificate of completion” for the training courses.

Canadian Experience Class educational requirement stated very clear ““A foreign national…having obtained…(C) a degree from a private, provincially recognized post-secondary educational institution in Canada”.

The issue with your application is not whether AXXXX College is a provincially recognized post-secondary educational institution or not. The real issue is whether AXXXX College has the legal rights to offer a “Degree” to its students under The Degree Authorization Act or not. The answer should be very clear to you by looking at your AXXXX College diploma. It should not have any indication or wordings of granting you a “Degree” on your diploma.


Reference URLs:
----------------

Degree Authorization Act (BC)
http://www.qp.gov.bc.ca/statreg/stat/D/02024_01.htm

Degree Quality Assessment Board
http://www.aved.gov.bc.ca/degree-aut...rd/welcome.htm

BC's Private Post-secondary Education Information
http://www.aved.gov.bc.ca/privatepsed/welcome.htm

Note: Private Career Training Institutions Agency (PCTIA) is classified by B.C. Ministry of Advanced Education and Labour Market Development as an industry representative body for Non-Degree Granting Private Institutions.
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