how do you appeal?

Old May 1st 2012, 12:35 am
  #16  
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Default Re: how do you appeal?

Have just sent an email to London CIC to ask about appealing?

Not sure if I will get a reply about this or not but thought it was worth asking someone there the question?
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Old May 1st 2012, 12:36 am
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Default Re: how do you appeal?

Originally Posted by jobop
Cant remember as I do not have the letter with me to hand (am at work but will defo check when I get home and let you know).

Why do you ask?
Just wondering if it is the same person refusing these applications - ie a newbie who is getting it wrong, or if there is something more to it.
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Old May 1st 2012, 12:36 am
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Default Re: how do you appeal?

Originally Posted by jobop
Have just sent an email to London CIC to ask about appealing?

Not sure if I will get a reply about this or not but thought it was worth asking someone there the question?
I would doubt they would respond. As far as they are concerned they have made their decision and that is it. Its down to you to prove they are wrong and request your file is put back into processing.
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Old May 1st 2012, 12:39 am
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Default Re: how do you appeal?

Originally Posted by AmyDavid
I would doubt they would respond. As far as they are concerned they have made their decision and that is it. Its down to you to prove they are wrong and request your file is put back into processing.
I am sure you are right about this one - am definatly going to send them a letter with all the evidence and see what happens??

I presume I just send it to the London CIC address and see what happens??
Will see if anyone else can answer that question?

(will also probably check out the lawyers someone suggest just to ask there opinion - but is its just a case of them sending a letter then I am sure I can do this myself).
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Old May 1st 2012, 12:42 am
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Default Re: how do you appeal?

Originally Posted by jobop
I am sure you are right about this one - am definatly going to send them a letter with all the evidence and see what happens??

I presume I just send it to the London CIC address and see what happens??
Will see if anyone else can answer that question?

(will also probably check out the lawyers someone suggest just to ask there opinion - but is its just a case of them sending a letter then I am sure I can do this myself).
That is correct. If you feel all the information provided was more than enough proof that you DO qualify under this NOC, then ensure you state this clearly and also use relevant case law to back this up - have a read through their operating manuals to confirm you did supply what they requested you to supply and quote relevant parts.

I would suggest you act on it quickly, with a view to getting back into the queue asap.

Good luck!
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Old May 1st 2012, 12:54 am
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Default Re: how do you appeal?

Originally Posted by AmyDavid
That is correct. If you feel all the information provided was more than enough proof that you DO qualify under this NOC, then ensure you state this clearly and also use relevant case law to back this up - have a read through their operating manuals to confirm you did supply what they requested you to supply and quote relevant parts.

I would suggest you act on it quickly, with a view to getting back into the queue asap.

Good luck!
Thanks

Yes I have the original instuctions at the time I applied and I can definatly point out things and hopefully prove my case. Along with showing the list of main duties from the NOC webite that they expect you to have and prove that mine are a match.

Sorry if I am being a numpty but what do you mean by 'use relevant case law'?
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Old May 1st 2012, 1:02 am
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Default Re: how do you appeal?

Originally Posted by jobop
Thanks

Yes I have the original instuctions at the time I applied and I can definatly point out things and hopefully prove my case. Along with showing the list of main duties from the NOC webite that they expect you to have and prove that mine are a match.

Sorry if I am being a numpty but what do you mean by 'use relevant case law'?
Fab. I mean have a look through the Immigration and Refugee Protection ACT for sections to quote to back up that they are in the wrong and you are in the right. http://laws-lois.justice.gc.ca/eng/a...2.5/index.html
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Old May 1st 2012, 1:11 am
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Default Re: how do you appeal?

Originally Posted by AmyDavid
Fab. I mean have a look through the Immigration and Refugee Protection ACT for sections to quote to back up that they are in the wrong and you are in the right. http://laws-lois.justice.gc.ca/eng/a...2.5/index.html
Brilliant - thanks for the link, will certianly go through this.

Many thanks for all your help, am going to get onto this straight away and see what happens - no harm in trying.

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Old May 1st 2012, 1:16 am
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Default Re: how do you appeal?

Originally Posted by jobop
Brilliant - thanks for the link, will certianly go through this.

Many thanks for all your help, am going to get onto this straight away and see what happens - no harm in trying.

Good luck and do let us know how you get on.
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Old May 1st 2012, 3:33 am
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Default Re: how do you appeal?

JoBop

QQ - does your ECAS status say your file had been procesed or are your docs still pending review? I only have the pending review line and a decision. nothing to say my application started processing. still no letter either so am slowly chewing off my fingers waiting.
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Old May 1st 2012, 3:43 am
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Default Re: how do you appeal?

CAIPS notes - these may be useful JoBop
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Old May 1st 2012, 3:50 am
  #27  
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Default Re: how do you appeal?

Originally Posted by sdo1982
The 1st contact I gave you Mr Pahl, he will be able to better advise on the process of appeal, where to write to etc.
Perhaps just for your peace of mind, I used Balvinder Pahl around 8 years ago during my emigration process, he was very thorough, and I'd recommend him.
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Old May 1st 2012, 4:03 am
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Default Re: how do you appeal?

Originally Posted by basil_spinone
JoBop

QQ - does your ECAS status say your file had been procesed or are your docs still pending review? I only have the pending review line and a decision. nothing to say my application started processing. still no letter either so am slowly chewing off my fingers waiting.
My docs still said they were pending review - now I have received the dreaded letter my ECAS added the decision made as the last line.
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Old May 1st 2012, 4:24 am
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Default Re: how do you appeal?

Originally Posted by jobop
My docs still said they were pending review - now I have received the dreaded letter my ECAS added the decision made as the last line.
darn!! I had hoped the lack of the "we started processing on xx xx xx..." might have been a glimmer of hope for me. looks like it back to the drawing board while waiting for the letter of doom.
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Old May 20th 2012, 9:36 pm
  #30  
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Default Re: how do you appeal?

Hi all

I got a reply back with regards to my appeal...

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

Dear Applicant,

This refers to recent correspondence received at our office requesting reconsideration of your Application for Permanent Residence in Canada as a Federal Skilled Worker.

On November 28, 2008, pursuant to section 87 of the Immigration and Refugee Protection Act, the Minister of Citizenship, Immigration and Multiculturalism issued instructions which affect Federal Skilled Worker applications submitted on or after February 27, 2008. Since your application was received on or after this date, your application was subject to these instructions.

The Citizenship and Immigration Canada website and all other material clearly state that an eligibility decision is based solely on the documentation submitted by the client to the visa office. Applicants are not convoked to interview and further clarification or additional documents are not requested. Applicants have always been required to provide detailed information on their job duties to substantiate their eligibility for further processing.

Your application was carefully reviewed according to the criteria specified in the instructions and determined not eligible for processing. You were sent a letter explaining the assessment, thereby concluding the assessment of your application.

Your file is closed and the processing fees you paid have been, or will be, refunded.

Should you have different or additional information, you may wish to submit a new application for permanent residence in Canada via the Centralized Intake Office, in Sydney, Nova Scotia.


**Please be informed that we will not respond to further requests to revisit this decision.**


Sincerely,

High Commission of Canada

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

Am none the wiser as I feel my evidence was sufficient?? Does seem a bit like another generic email, it would not surprise me that others who appeal may get the same thing.

I knew it was a long shot, plus even if we did get put back into processing I was worried that we may have been shelved anyway with all the rumours floating about from Minister Kenny?

Will see what the new rule changes bring and may apply again for FSW, but am thinking I will defiantly go down the route of trying to get employment first, I know its difficult from the UK but not impossible, and then when we have saved a few more pennies (want to be safe than sorry) perhaps a job hunting trip early next year. Then hopefully PNP will be a way in for PR.

I don't give up easy and kind of feel relieved that the waiting is over and for now at least we feel in control and not in limbo.

Good luck everyone else in your journeys - hopefully I will be back on here soon chatting and asking questions with regards to LMO's, and yes I have read the Wikki too about job hunting
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