Enquiry on making an appeal

Canada Immigration Forum (discussion group)


 
       
Subject: Enquiry on making an appeal
  My application for PR visa under the federal skilled worker category was refused because I was short of one point to meet the 67 pass mark. I was not able to get the maximum points in the English proficiency factor as I´ve only gotten an overall band score of 6.5 in the IELTS test.

However, I´ve learned from a couple of friends that there were applicants with same concern as mine but were finally got approved because they were given an opportunity to be interviewed, but those applicants were able to write a letter accompanying their IELTS results. The letter was a request for a substitute evaluation (that´s how they call it). One applicant got called for an interview and the other one was not even requested for an interview or a re-take of IELTS and instead received a medical request notice. Perhaps it was for the reason that she has a relative in Canada (well that´s how they have assumed it). In my case, when I submitted my IELTS result on 11 June 2008, I did not include a letter requesting for a re-take of IELTS or an interview because I did not want to pre-empt the review process. Also, at that time, I had no idea that doing such may work. Moreover, I was only able to talk to my friend on the issue a week after I have submitted my IELTS. However, this friend of mine had strongly urged me to send a follow-up letter to the Embassy which I did. I was able to send it on 23 June 2008. I am not sure if my letter reached the immigration officer prior to the conclusion of her assessment of my application or was just disregarded. The date of my refusal letter is 14 July 2008. By the way, I have a sister who has a PR status in Canada thus i gained 5 points in Adaptability factor. I am single too.

At this point, I wish to send a letter of appeal to the immigration officer designated to me for a reconsideration. How should I present my case that I will be able to convince the IO? And how long will this process take? Please help.





[24-07-2008,02:06]
[***.53.57.16]
Marie
(in reply to: Enquiry on making an appeal)
I do not believe there is any option for appeal. I am sorry. I would consider applying again, but this time with 67 points or see if you cannot find a Canadian job offer.
[24-07-2008,14:08]
[**.155.160.37]
Sharon
(in reply to: Enquiry on making an appeal)
thanks for your immediate response, sharon.
[24-07-2008,15:10]
[***.53.57.16]
Marie
(in reply to: Enquiry on making an appeal)
My application also rejected in 2003 with reason saying " You dont have experience of one year as Mechanical Engineering". Which is false. I have total of 10 years of experience in Mechanical Field. 8 years is in government firm. I did submitted all my experience letter and offer letters,pay stubs, I am sure that there may be something like Query or RFE regarding this matter. But it has never reach to me through my consultant.I have asked similar question about appeal. But received answer from forum that Reapply is better option.
[24-07-2008,16:28]
[**.8.247.231]
sam70
(in reply to: Enquiry on making an appeal)
Go to www.cic.gc.ca and search for operational manuals then click on overseas processing then the OP manual that is for skilled workers. There is a chapter that will allow the officer to grant you that one point you need based on your ability to be establish yourself.

Do not wait do it now!!!!

Roy
www.cvimmigration.com

[24-07-2008,18:33]
[**.55.218.244]
Roy
(in reply to: Enquiry on making an appeal)
thanks a million, Roy! I am currently perusing this OP manual which was also referred by a friend to me. I would really act on my case immediately. i am just making some researches as i don´t have any guidance from an expert. the immigration consultant here in the phils whom ive sought help has not yet replied to me thus i am also doing my research.
[25-07-2008,00:38]
[***.53.57.16]
Marie
(in reply to: Enquiry on making an appeal)
Dear Roy, one more question, do you have an idea if there is a timeframe for making an appeal? I am thinking of submitting my appeal after getting the result of my IELTS exam. I was advised to re-take and submit the result along with my appeal. since the earliest sched i can take the test is on 14 august plus the 13 days issuance of result, i can only submit my appeal by mid September. Do you think it will still be acceptable? Thank you.
[25-07-2008,08:55]
[***.53.57.16]
Marie
(in reply to: Enquiry on making an appeal)
Marie

WHAT GETS ME IS WHY DID YOU PAY THE PERSON FOR AND WEHN YOU NEED THEM YOU CAN NOT REACH THEM? Everyone here knows the processing times for the Philippines! Everyone here knows how to count the points!

Here is the information your URGENTLY need to view Chapter 11.3 on page 28 http://www.cic.gc.ca/english/resources/manuals/op/op06e.pdf


Federal Court case law indicates that if an applicant or their representative requests orally or in
writing that the officer consider exercising these powers in the applicant?s favour, officers must
examine the circumstances. There is no requirement that an interview be conducted in all cases
when the applicant did not make a compelling case for substituted evaluation. If officers do not
consider substituted evaluation appropriate in the circumstances, they should indicate this in file
notes and in the refusal letter. Officers do not need the concurrence of the designated officer to
deny requests for the use of positive substituted evaluation.

Make sure your representative is your representative in case you went through their agent. I strongly suggest you contact the representative directly.

GLAD TO BE OF ASSISTANCE. Wish you luck.

Roy
www.cvimmigration.com

[25-07-2008,09:11]
[**.52.219.46]
Roy
(in reply to: Enquiry on making an appeal)
Hi Roy,

I greatly appreciate your prompt reply and your assistance. I´m sorry for bothering you... I´m asking you this question because my sister, who is a permanent resident in Canada, has gotten information that one can only make an appeal within 30 or 60 days from the date of the refusal. When I mentioned this to the immigration consultant here, he said he has no idea of this rule. I just want to make sure that I wont be late in making my appeal. Also, I haven´t paid the consultant yet as I was only able to talk to him an hour ago to seal the deal. Thanks a ton! Smile! :-)

[25-07-2008,09:28]
[***.53.57.16]
Marie
(in reply to: Enquiry on making an appeal)
Marie )-:

WOW Logical thought process in motion here.

A consultant (no name) who is based in Manila which would not be interested in representing you at the Immigration Appeal Division, who probably never ever has represented anyone in front of the IAD did not know the time frames for an appeal.

Your sister knows _______________________!

The IAD rules are on their site, the manuals for selecting skilled workers is what I provided you, best information you need is what I provided.

Bye

Roy
www.cvimmigration.com


[25-07-2008,14:52]
[**.158.61.154]
Roy
(in reply to: Enquiry on making an appeal)
Marie you are writing like a champion! Not sure why you did not ace that IE... test. If I were the one reviewing your papers and read the kind of writing skills you are showing here, heck I will grant your wish in no time! Good luck.
[26-07-2008,14:54]
[***.202.38.153]
Helper