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How to know whether Buffalo office is reconsidering a refusal case on valid reasons?

How to know whether Buffalo office is reconsidering a refusal case on valid reasons?

Old Jun 27th 2003, 10:25 am
  #1  
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Default How to know whether Buffalo office is reconsidering a refusal case on valid reasons?

Hello all Experts (Andrew, Jim and others),

Sometime back I have posted here the details of my refusal case.
As mentioned already, I had initially applied for Canadain PR in April 2001 through CHC, New Delhi. Since I came to Canada on student visa (for 2 years starting from Sep 2001) for Graduate studies, I had requested for file transfer in Dec 2001.

Accordingly, the file was transferred in Jan 2002 from New Delhi and the file reached Buffalo office in Feb 2002. Recently, the visa offcier at Buffalo has concluded the processing and refused my case on the grounds of insufficient points. I was awrded total 74 points as against the required 70 minimum points, as I come under the transition law.

It appears that the visa officer did not realize that my case was a transfer case and the lock-in date (for assessment purpose) is taken as the date on which the file was received at Buffalo office as against the date on which the application was submitted at the original post.

Upon advise of all the experts and other members of this group, I have requested for reconsideration of the case, as my case should have been assessed as per the new law but with a low mark of min 70. I have sent all the documentary evidence to the Buffalo office (including the correspondence from the New Delhi office), and requested them to reconsider my application for permanent residence.

I have also referred my case to the honourable minister (email) and Director, Economic Poloicies and Programs (Fax) and also notified the New Delhi office about the unfair assessment and requested them to act quickly and correct the problem.

Meantime, I did enough of research on this issue and learnt that the visa offcier has made an obvious error with regard to date of application and refused the case as I could not meet the requirements as per new IRPA.

But the fact is that the section 5.17 in procedures under overseas processing clearly states that **For assessment purposes, visa offices receiving a transferred file must respect the original
application received date as the “lock-in� date. For processing purposes, all processing steps for the files transferred into an office, including scheduling of interviews, should be the same as all other applications received in the office on the date corresponding to the “lock-in� date of the received file. This means an application that is received in Paris in July 2002 and transferred to New Delhi in March 2003 will enter the New Delhi queue as of July 2002**.

Now my question is: I don't know whether the authorities concerned are really paying attention to my request and try to reconsider my case or they simply ignoring the faxes and postal mails in this regard? Is there anyway that I can prove (in future, if I have to go for JR) that I made the required representation, but no action was taken by the authorities concerned?

In this connection, I wanted to send one more written request to the honourable Minister through honourable local federal M.P. Experts, what do you think about this? Suggestion has already come from Mr. Andrew in this respect. But my intention here is to just prove that I made a representation.


Any advise and thoughts on this issue will be greatly appreciated.


Thanks in advance!


Damodar

Last edited by reddy_cd; Jun 27th 2003 at 10:29 am.
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Old Jun 27th 2003, 11:07 am
  #2  
Muhammad Ali
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Default Re: How to know whether Buffalo office is reconsidering a refusal case on valid reasons?

Hi

As you know my case was also refused due to imporper assessment ignoring my
education and work permit points. I contacted my local MP and he called
Buffalo and asked them to reply to request but nothing happened yet. Here is
the details what i did so far

1: Faxed all the documents and air bills atleast five times
2: Courier documents to Buffalo address twice
3: courier documents and letter to Visa Officer Personally

Uptill now , no reply. My local MP office told me that in 99.9% cases they
dont change the decision. And i should prepare to go for JR.

A friend of mine works for Legal services and she told me that it will take
atleast 7 months to get a date if court wanna hear my case.

I will fax the doucments to Minister and Program manager Buffalo next week.

Good luck

Ali
"reddy_cd" wrote in message
news:[email protected]...
    > Hello all Experts (Andrew, Jim and others),
    > Sometime back I have posted here the details of my refusal case.
    > As mentioned already, I had initially applied for Canadain PR in April
    > 2001 through CHC, New Delhi. Since I came to Canada on student visa (for
    > 2 years starting from Sep 2001) for Graduate studies, I had requested
    > for file transfer in Dec 2001.
    > Accordingly, the file was transferred in Jan 2002 from New Delhi and the
    > file reached Buffalo office in Feb 2002. Recently, the visa offcier at
    > Buffalo has concluded the processing and refused my case on the grounds
    > of insufficient points. I was awrded total 74 points as against the
    > required 70 minimum points, as I come under the transition law.
    > It appears that the visa officer did not realize that my case was a
    > transfer case and the lock-in date (for assessment purpose) is taken as
    > the date on which the file was received at Buffalo office as against the
    > date on which the application was submitted at the original post.
    > Upon advise of all the experts and other members of this group, I have
    > requested for reconsideration of the case, as my case should have been
    > assessed as per the new law but with a low mark of min 70. I have sent
    > all the documentary evidence to the Buffalo office (including the
    > correspondence from the New Delhi office), and requested them to
    > reconsider my application for permanent residence.
    > I have also referred my case to the honourable minister (email) and
    > Director, Economic Poloicies and Programs (Fax) and also notified the
    > New Delhi office about the unfair assessment and requested them to act
    > quickly and correct the problem.
    > Meantime, I did enough of research on this issue and learnt that the
    > visa offcier has made an obvious error with regard to date of
    > application and refused the case as I could not meet the requirements as
    > per new IRPA.
    > But the fact is that the section 5.17 in procedures under overseas
    > processing clearly states that **For assessment purposes, visa offices
    > receiving a transferred file must respect the original
    > application received date as the "lock-in" date. For processing
    > purposes, all processing steps for the files transferred into an office,
    > including scheduling of interviews, should be the same as all other
    > applications received in the office on the date corresponding to the
    > "lock-in" date of the received file. This means an application that is
    > received in Paris in July 2002 and transferred to New Delhi in March
    > 2003 will enter the New Delhi queue as of July 2002**.
    > Now my question is: I don't know whether the authorities concerned are
    > really paying attention to my request and try to reconsider my case or
    > they simply ignoring the faxes and postal mails in this regard? Is there
    > anyway that I can prove (in future, if I have to go for JR) that I made
    > the required representation, but no action was taken by the authorities
    > concerned?
    > In this connection, I wanted to send one more written request to the
    > honourable Minister through honourable local federal M.P. Experts, what
    > do you think about this? Suggestion has already come from Mr. Andrew in
    > this respect. But my intention here is to just prove that I made a
    > representation.
    > Any advise and thoughts on this issue will be greatly appreciated.
    > Thanks in advance!
    > Damodar
    > --
    > Posted via http://britishexpats.com
 
Old Jun 28th 2003, 12:30 pm
  #3  
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Default

Hi Ali,
I don't want to leave any stone unturned. It is obvious oversight of the immigration officer in my case. I have politely pointed out the issue and requested for reconsideration. I will do whatever I should do to get the decision reversed. But it is upto them whether to act on that request or not. I strongly believe that they will realize the problem and fix it soon.

Meantime, could you pl tell me how much it would cost if I go for judicial Review. I know it is time consuming, but do not know the details. Can you pl tell me how should I go about it, if I don't get any response from them in another 10-15 days.

Thanks

Damodar
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Old Jun 28th 2003, 4:05 pm
  #4  
Muhammad Ali
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Posts: n/a
Default Re: How to know whether Buffalo office is reconsidering a refusal case on valid reasons?

Hi

It costs only $50 to apply for JR. Then it depends how much lawyer costs. I
am applying myself and will not hire any lawyer. You can represent uself in
court. Please visit the following link.

http://www.irb.gc.ca/

It usually takes 7- 10 months to get an hearing date from court.

Visit the following link to see some of recent court decisions.

http://decisions.fct-cf.gc.ca/fct/rec/index.html


Regards
Ali



"reddy_cd" wrote in message
news:[email protected]...
    > Hi Ali,
    > I don't want to leave any stone unturned. It is obvious oversight of the
    > immigration officer in my case. I have politely pointed out the issue
    > and requested for reconsideration. I will do whatever I should do to get
    > the decision reversed. But it is upto them whether to act on that
    > request or not. I strongly believe that they will realize the problem
    > and fix it soon.
    > Meantime, could you pl tell me how much it would cost if I go for
    > judicial Review. I know it is time consuming, but do not know the
    > details. Can you pl tell me how should I go about it, if I don't get any
    > response from them in another 10-15 days.
    > Thanks
    > Damodar
    > --
    > Posted via http://britishexpats.com
 
Old Jun 28th 2003, 5:25 pm
  #5  
Andrew Miller
Guest
 
Posts: n/a
Default Re: How to know whether Buffalo office is reconsidering a refusal case on valid reasons?

Unfortunately you are confused. The link to IRB (Immigration and Refugee
Board) is irrelevant if it is not a family sponsorship case or refugee claim
from within Canada - only those two classes have right to appeal to IRB. All
other immigration applicants have no right to appeal at all - the only thing
they can do is to file for Judicial Review with Federal Court and only if
refusal was made in error in law or with gross disregard of the law (which
may be the case here anyway). I wouldn't recommend filing for Judicial
Review without a lawyer. This is the only situation when lawyer (not a
consultant like myself) is really needed in the immigration process.

--

../..

Andrew Miller
Immigration Consultant
Vancouver, British Columbia
email: [email protected]
(delete REMOVE from the above address before sending email)
________________________________


"Muhammad Ali" wrote in message
news:[email protected]...
    > Hi
    > It costs only $50 to apply for JR. Then it depends how much lawyer costs.
I
    > am applying myself and will not hire any lawyer. You can represent uself
in
    > court. Please visit the following link.
    > http://www.irb.gc.ca/
    > It usually takes 7- 10 months to get an hearing date from court.
    > Visit the following link to see some of recent court decisions.
    > http://decisions.fct-cf.gc.ca/fct/rec/index.html
    > Regards
    > Ali
    > "reddy_cd" wrote in message
    > news:[email protected]...
    > >
    > > Hi Ali,
    > > I don't want to leave any stone unturned. It is obvious oversight of the
    > > immigration officer in my case. I have politely pointed out the issue
    > > and requested for reconsideration. I will do whatever I should do to get
    > > the decision reversed. But it is upto them whether to act on that
    > > request or not. I strongly believe that they will realize the problem
    > > and fix it soon.
    > >
    > > Meantime, could you pl tell me how much it would cost if I go for
    > > judicial Review. I know it is time consuming, but do not know the
    > > details. Can you pl tell me how should I go about it, if I don't get any
    > > response from them in another 10-15 days.
    > >
    > > Thanks
    > >
    > > Damodar
    > >
    > > --
    > > Posted via http://britishexpats.com
 
Old Jul 2nd 2003, 1:08 am
  #6  
BE Enthusiast
Thread Starter
 
Joined: Apr 2003
Posts: 420
reddy_cd is an unknown quantity at this point
Default Re: How to know whether Buffalo office is reconsidering a refusal case on valid reasons?

Hi,

Thanks for your information. I have not yet heard from the Buffalo office about reconsideration of my case. As I said already, I have faxed and also mailed all the documents to the visa officer concerned, program manager at Buffalo and the visa officer at the original post i.e. New Delhi.

Now I am going to represent my case through a local federal MP, even though the experts and other applicants felt that such things are not going to make any change to the decision in majority of the cases.

Meantime, I wanted to prepare to go for Judicial Review. Could someone tell me what is the appropriate time to go for JR? FYI, the refusal letter I was issed is dated as Jun 9, 2003 and I have received it on Jun 17, 2003. Mr. Miller said that I should go for JR within 60 days. Is that sixty days starts from the date on the letter or from the date I have received?

Pl also let me know what should I do to file for JR, how much it would cost and the approximate time involved. I am also looking at other options like, if the time and money involved is more than the fresh application, then I would prefer to reapply as I would be clearly eligible after Aug this year (I would be getting 79 points as against the required 75)

Thanks

Damodar
reddy_cd is offline  
Old Jul 2nd 2003, 1:55 am
  #7  
Andrew Miller
Guest
 
Posts: n/a
Default Re: How to know whether Buffalo office is reconsidering a refusal case on valid reasons?

You have 60 days from receipt of refusal letter to file for Judicial
Review - as you cannot prove when exactly you received the letter then it
will be much safer to count those 60 days from the date of the letter.

Judicial Review is not simple and I wouldn't recommend filing it without
assistance of experienced in the matter immigration lawyer. He or she will
tell you how much it may cost and what is approximate time. It won't be
cheap and won't be quick, so filing new application may be much better idea
if you qualify now better. But talk to lawyer anyway before deciding what to
do.

--

../..

Andrew Miller
Immigration Consultant
Vancouver, British Columbia
email: [email protected]
(delete REMOVE from the above address before sending email)
________________________________




"reddy_cd" wrote in message
news:[email protected]...
    > Hi,
    > Thanks for your information. I have not yet heard from the Buffalo
    > office about reconsideration of my case. As I said already, I have faxed
    > and also mailed all the documents to the visa officer concerned,
    > program manager at Buffalo and the visa officer at the original post
    > i.e. New Delhi.
    > Now I am going to represent my case through a local federal MP, even
    > though the experts and other applicants felt that such things are not
    > going to make any change to the decision in majority of the cases.
    > Meantime, I wanted to prepare to go for Judicial Review. Could someone
    > tell me what is the appropriate time to go for JR? FYI, the refusal
    > letter I was issed is dated as Jun 9, 2003 and I have received it on Jun
    > 17, 2003. Mr. Miller said that I should go for JR within 60 days. Is
    > that sixty days starts from the date on the letter or from the date I
    > have received?
    > Pl also let me know what should I do to file for JR, how much it would
    > cost and the approximate time involved. I am also looking at other
    > options like, if the time and money involved is more than the fresh
    > application, then I would prefer to reapply as I would be clearly
    > eligible after Aug this year (I would be getting 79 points as against
    > the required 75)
    > Thanks
    > Damodar
    > --
    > Posted via http://britishexpats.com
 

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