macoy

I reviewed someone else's CAIPS notes and noticed the following notes

RECD POISON LTR, PA TO BSMT FILE

I think it should be "received poison pen letter, pass to BSMT file". However, I do NOT understand what this is

POISON PEN LETTER

and

BSMT file

Jim Humphries

"Poison pen" indicates that the applicant has an enemy who wrote a negative letter of some sort concerning them. BSMT is the local file where they put such letters.

macoy

that is what I guess.

about BSMT, does it mean all that applicant's files are in BSMT files or Buffalo just put all these sorts of "Poison Pen Letter" to the BSMT files? Anything special about this BSMT file issue?

macoy

Dear Jim Humphries,

As a former visa Officer, how did you and your colleauges handle such "poison pen letter"?

My friend would really like to see what was said in the "poison pen letter". What do you think is the appropriate approach to obtain a copy of it? Should he request a copy of the "poison pen letter" from CIC according to the privacy act? If privacy act is not the right one, should he use "access to information act" as a legal weapon to get the copy?

PMM

Hi

He ain't going to get a copy of it under either privacy or access, as it will probably classified as "information received in confidence from another person.

PMM

macoy

but how do the visa officers handle such "poison pen letter"?

if the visa officers take such letters into consideration, that would be really unfair as these letters could be just non-sense and the innocent applicant might never have a chance to defend him/herself.

PMM

HI

If the letter appears genuine, they will investigate the allegations, and if they feel the allegations are true or there is some basis, they will confront the applicant. If it is "sour grapes" it goes into file 13.

PMM

macoy

file 13? what does that mean?

while, the whole situation happens to my friend's previous application. He applied previously on early 2002 and was denied on May 2003 because of increased passing mark and his insufficient work experience. While, on the CAIPS notes, the poison pen letter was received by CIC on Dec 2003. It should not cause any harm to that application as the application was dead anyway at the time CIC received such a letter.

However, he completed a Ph.D. in Canada at early 2004 and then went to work in Canada. He later submitted another immigration applications under the skilled worker category. then the question is how would this "poison pen letter", filed in his first application, effect his second application?

He already received the initial accessment (with interview waiver, medical exam and ask for landing fee) last summer. He requested a CAIPS notes for his recent application but has not received it.

experts, please suggest how my friend should react at such a situation?

Jim Humphries

Treatment of poison pen letters would depend on their content. I think your firend might be able to get a copy.

macoy

thanks for your reply. I wish he could and I will keep everyone posted with the progress.

would you please also offer your opinion on my recent questions posted on 11:21 pm yesterday? ＃8

Jim Humphries

Well I have succeeded in getting copies of such letters. Being lazy I had my lawyer do it. It was very revealing.

macoy

file 13? what does that mean?

while, the whole situation happens to my friend's previous application. He applied previously on early 2002 and was denied on May 2003 because of increased passing mark and his insufficient work experience. While, on the CAIPS notes, the poison pen letter was received by CIC on Dec 2003. It should not cause any harm to that application as the application was dead anyway at the time CIC received such a letter.

However, he completed a Ph.D. in Canada at early 2004 and then went to work in Canada. He later submitted another immigration applications under the skilled worker category. then the question is how would this "poison pen letter", filed in his first application, effect his second application?

He already received the initial accessment (with interview waiver, medical exam and ask for landing fee) last summer. He requested a CAIPS notes for his recent application but has not received it.

experts, please suggest how my friend should react at such a situation?

Jim Humphries

He should do nothing, I think. It will be the letter of an enemy and unless it seemed to indicate a genuine problem it would be ignored by the visa office.

macoy

He really wants to get a copy of this letter to see who was doing what.

Should he requests it from CIC, either under access to info or privacy, right now? However, he is concerning that such request might stir the water and attract unnecessary attention from the visa officer that is processing his current application. But making a request now might better prepare him for any potential confrontation from CIC buffalo.

iaink

Same as the "circular file" I suspect.