reddy_cd

Hello Mr. Miller and other Experts:

Today, I have got refusal letter from Buffalo. The reasons stated are: I did not meet the requirements of new regulations.

Points I was awarded are as follows;

Age: 10/10
Education: 22/25
Experience: 21/21
Arranged employment: 0/10
Official Launguage Proficiency: 16/24
Adaptability : 05/10

Total: 74/100


As my file was transferred to Buffalo post in Feb 2002, they have considered that date for the purpose assessment. But the fact is I had originally applied to CHC New Delhi in Apr 2001, and I feel that date (Apr 2001) should have considered for the pupose of assessment and I should have given low transition pass mark of 70. In my case the visa officer seems to have overlooked the fact and asseesed the application as per new rules.

Experts and others: Pl let me know whether I can appeal the visa officer's decision or not. Any quick response will be greatly appreciated.

Details of the case:

Original date of application: April 2001 (CHC, New Delhi)
File transfer to Buffalo : Feb 1, 2002
Request for updated information : Apr 8, 2003
Refusal letter : Jun 17, 2003



Damodar

Andrew Miller

I think that you may have the case here for internal reconsideration and if
refused again on the same grounds you may have the case for Judicial Review.
But time is running out and it is extremely important to take proper action
as soon as possible after assessing your CAIPS file. I strongly recommend
seeking professional assistance - you may try to it yourself (request
reconsideration) but then it may be too late to hire anyone for JR.

--

../..

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]...
    > Hello Mr. Miller and other Experts:
    > Today, I have got refusal letter from Buffalo. The reasons stated are:
    > I did not meet the requirements of new regulations.
    > Points I was awarded are as follows;
    > Age: 10/10
    > Education: 22/25
    > Experience: 21/21
    > Arranged employment: 0/10
    > Official Launguage Proficiency: 16/24
    > Adaptability : 05/10
    > Total: 74/100
    > As my file was transferred to Buffalo post in Feb 2002, they have
    > considered that date for the purpose assessment. But the fact is I had
    > originally applied to CHC New Delhi in Apr 2001, and I feel that date
    > (Apr 2001) should have considered for the pupose of assessment and I
    > should have given low transition pass mark of 70. In my case the visa
    > officer seems to have overlooked the fact and asseesed the application
    > as per new rules.
    > Experts and others: Pl let me know whether I can appeal the visa
    > officer's decision or not. Any quick response will be greatly
    > appreciated.
    > Details of the case:
    > Original date of application: April 2001 (CHC, New Delhi)
    > File transfer to Buffalo : Feb 1, 2002
    > Request for updated information : Apr 8, 2003
    > Refusal letter : Jun 17, 2003
    > Damodar
    > --
    > Posted via http://britishexpats.com

James Metcalfe

Obtaining your CAIPS notes wont tell you much. I think the roblem is that
upon transfer the officer did not realize that your case was a transfer
case. If you have the original recipt and letter fo acknowledge ment write
to Joyce Cavanagh Wood , Consul Immigration and send copies of the receipt
and acknowledge ment from Delhi.

Jim Metcalfe



"Andrew Miller" wrote in message
news:[email protected]...
    > I think that you may have the case here for internal reconsideration and
if
    > refused again on the same grounds you may have the case for Judicial
Review.
    > But time is running out and it is extremely important to take proper
action
    > as soon as possible after assessing your CAIPS file. I strongly recommend
    > seeking professional assistance - you may try to it yourself (request
    > reconsideration) but then it may be too late to hire anyone for JR.
    > --
    > ../..
    > 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]...
    > >
    > > Hello Mr. Miller and other Experts:
    > >
    > > Today, I have got refusal letter from Buffalo. The reasons stated are:
    > > I did not meet the requirements of new regulations.
    > >
    > > Points I was awarded are as follows;
    > >
    > > Age: 10/10
    > > Education: 22/25
    > > Experience: 21/21
    > > Arranged employment: 0/10
    > > Official Launguage Proficiency: 16/24
    > > Adaptability : 05/10
    > >
    > > Total: 74/100
    > >
    > >
    > > As my file was transferred to Buffalo post in Feb 2002, they have
    > > considered that date for the purpose assessment. But the fact is I had
    > > originally applied to CHC New Delhi in Apr 2001, and I feel that date
    > > (Apr 2001) should have considered for the pupose of assessment and I
    > > should have given low transition pass mark of 70. In my case the visa
    > > officer seems to have overlooked the fact and asseesed the application
    > > as per new rules.
    > >
    > > Experts and others: Pl let me know whether I can appeal the visa
    > > officer's decision or not. Any quick response will be greatly
    > > appreciated.
    > >
    > > Details of the case:
    > >
    > > Original date of application: April 2001 (CHC, New Delhi)
    > > File transfer to Buffalo : Feb 1, 2002
    > > Request for updated information : Apr 8, 2003
    > > Refusal letter : Jun 17, 2003
    > >
    > >
    > >
    > > Damodar
    > >
    > > --
    > > Posted via http://britishexpats.com

Nepali

Hi Damodar,

Sorry to hear about refusal. I think you are studying in Canada from
last two years and your wife has Bacholer or Master (according to your
last posting). In that case you should have received 10 marks in
adaptability. 5 marks for wife's qualification and 5 marks for 2 years
post secondary studey in Canada. I believe that 5 marks will be
awarded for studying 2 years even when diploma or degree is not
recieved yet.

Please respond.

Nepali

reddy_cd wrote in message news:...
    > Hello Mr. Miller and other Experts:
    >
    > Today, I have got refusal letter from Buffalo. The reasons stated are:
    > I did not meet the requirements of new regulations.
    >
    > Points I was awarded are as follows;
    >
    > Age: 10/10
    > Education: 22/25
    > Experience: 21/21
    > Arranged employment: 0/10
    > Official Launguage Proficiency: 16/24
    > Adaptability : 05/10
    >
    > Total: 74/100
    >
    >
    > As my file was transferred to Buffalo post in Feb 2002, they have
    > considered that date for the purpose assessment. But the fact is I had
    > originally applied to CHC New Delhi in Apr 2001, and I feel that date
    > (Apr 2001) should have considered for the pupose of assessment and I
    > should have given low transition pass mark of 70. In my case the visa
    > officer seems to have overlooked the fact and asseesed the application
    > as per new rules.
    >
    > Experts and others: Pl let me know whether I can appeal the visa
    > officer's decision or not. Any quick response will be greatly
    > appreciated.
    >
    > Details of the case:
    >
    > Original date of application: April 2001 (CHC, New Delhi)
    > File transfer to Buffalo : Feb 1, 2002
    > Request for updated information : Apr 8, 2003
    > Refusal letter : Jun 17, 2003
    >
    >
    >
    > Damodar

reddy_cd

Hello Mr. Jim,

Thanks for your reply. As you said CAIPS note may not tell anything extra than the refusal letter I have got today. In the letter it is clearly mentioned that (in visa officer's opinion) I have applied after jan 1, 2002 and I need to get 75 points to qualify, but could get only 74, so the refusal . But the fact is that I have applied originally in April 2001 to CHC, New Delhi and the file was transferred to Buffalo in Feb 2002 upon my arrival in Canada on student authorization. So, as per the new regulations, I am exempted from the full pass mark of 75, though the assessment is done as per the new law . It is clearly mentioned that those who have applied before Dec 31, 2001 and did not receive the initial assessment by mar 31,2003, would be asseesed as per the new law but with a lower transition pass mark of 70.

Coming to the question of acknowledgement from Delhi: I do not have any of them with me now, but I know the file number (differnt from that of the Buffalo one) which was given by CHC New Delhi. Pl let me know whether that file number can be of any help now while requesting the officer concerned for reconsideration of my application.

Any advise on this issue will be greatly appreciated.

Regards

Damodar

hanu

Hi,
The case officer has erred.
In my case I had to transfer my file from Buffalo(applied 2001) to New Delhi because I was laid off in US.My filing date still remains the same as the date of original submission at Buffalo and I am eligible for 70 points cut off as per my lawyer in Canada.

You will get a new file number when you transfer the file along with the new AOR.Do you have a copy of that?How about the old file number and AOR receipt ?

It would be better if you can get a lawyer to represent your case.

reddy_cd

Hi Hanu,

Thanks for your reply and concern about my case. I was really surprised to see the refusal letter as I was confident that I would get 74/100 as against the required points of 70 to qualify.

As you said I have the old file number, and all the correspondence I made with the CHC, New Delhi before and after transfer of file. I think these details are enough to make them understand that my case was transferred one and they should have assessed my case as per the new law but with a lower transition pass mark of 70 as against the 75.

You said that it will be better to hire a lawyer to represent my case. Do you have any idea that how much it would cost me? Will it be of any use if I get a letter from a local Federal M.P saying the facts.

Any inputs on the above will be greatly appreciated.

Damodar

Haha

Disappointing to see the spin in your case.

Every body understands your point. According to Jim and AM, you have a case.

You may like to do the following:

a. Fax a letter to Buffalo drawing their attention to the issue by clearly
articulating your point. Do not blame them. Politely indicate as to why to
disagree with them. It is possible that they realize that this a transfer
case and alter the decision on their own. Provide your file numbers (both ND
and Buffalo) along with developments in your case chronologically. This way,
you have acted as soon as you possibly could and possibly beat the clock for
any deadlines that may come up.
b. Ask someone in India to fax the original AOR from New Delhi to you so
that you could produce that as evidence.
c. Strategize and decide at what point you have to consider hiring
professional help. This will help you deal with any nuances that many of us
may be unaware.

Perhaps the battle is lost but do not consider the war over.

Good Luck.

Disclaimer: I am not a lawyer, this is NOT professional advice and I am not
liable for any decisions you make.

reddy_cd wrote:

    > Hello Mr. Jim,
    > Thanks for your reply. As you said CAIPS note may not tell anything
    > extra than the refusal letter I have got today. In the letter it is
    > clearly mentioned that (in visa officer's opinion) I have applied after
    > jan 1, 2002 and I need to get 75 points to qualify, but could get only
    > 74, so the refusal . But the fact is that I have applied originally in
    > April 2001 to CHC, New Delhi and the file was transferred to Buffalo in
    > Feb 2002 upon my arrival in Canada on student authorization. So, as per
    > the new regulations, I am exempted from the full pass mark of 75, though
    > the assessment is done as per the new law . It is clearly mentioned that
    > those who have applied before Dec 31, 2001 and did not receive the
    > initial assessment by mar 31,2003, would be asseesed as per the new law
    > but with a lower transition pass mark of 70.
    > Coming to the question of acknowledgement from Delhi: I do not have any
    > of them with me now, but I know the file number (differnt from that of
    > the Buffalo one) which was given by CHC New Delhi. Pl let me know
    > whether that file number can be of any help now while requesting the
    > officer concerned for reconsideration of my application.
    > Any advise on this issue will be greatly appreciated.
    > Regards
    > Damodar
    > --
    > Posted via http://britishexpats.com

reddy_cd

Hi Haha,

Thank you very much for your useful advise. As you said, I have not blamed them for the mistake. I only said that it was unintentional and attributed to pure human err. Coming to the proof for transfer case: I have included my old file number that was given by New Delhi. In addition to that I have received two letters from Counsellor (Immigration), New Delhi one before the file transfer and the second after the file transfer. I have faxed these two documents (Documents have my name and old file number on it) along with my request for reconsideration of my case.

Next thing is: I don't have the original AOR that I received from New Delhi, but I can get it if they want from India. However, I think that with the information I have right now, I can make the people concerned to understand that my case is a transferred one and hence it should have been assessed under the new law, but with low transition pass mark of 70 as set out in the exception under the new IRPA, for the applicants, who have applied before Dec 31, 2001 and did not receive the initial assessemt.

Hope I have done my level best from my side and now it's their responsibilty to act on it.

I am also thininking to get a letter from local Federal MP in this connection. Can you please tell me how they (Visa authorities) view it (take it)?

Damodar

Andrew Miller

You've done pretty good job so far and letter from MP won't be of any help,
so don't bother. But still remember that if Buffalo won't correct obvious
error within 60 days from refusal you'll be forced to file for Judicial
Review anyway as you have only 60 days to do so.

--

../..

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 Haha,
    > Thank you very much for your useful advise. As you said, I have not
    > blamed them for the mistake. I only said that it was unintentional and
    > attributed to pure human err. Coming to the proof for transfer case: I
    > have included my old file number that was given by New Delhi. In
    > addition to that I have received two letters from Counsellor
    > (Immigration), New Delhi one before the file transfer and the second
    > after the file transfer. I have faxed these two documents (Documents
    > have my name and old file number on it) along with my request for
    > reconsideration of my case.
    > Next thing is: I don't have the original AOR that I received from New
    > Delhi, but I can get it if they want from India. However, I think that
    > with the information I have right now, I can make the people concerned
    > to understand that my case is a transferred one and hence it should have
    > been assessed under the new law, but with low transition pass mark of 70
    > as set out in the exception under the new IRPA, for the applicants,
    > who have applied before Dec 31, 2001 and did not receive the initial
    > assessemt.
    > Hope I have done my level best from my side and now it's their
    > responsibilty to act on it.
    > I am also thininking to get a letter from local Federal MP in this
    > connection. Can you please tell me how they (Visa authorities) view it
    > (take it)?
    > Damodar
    > --
    > Posted via http://britishexpats.com