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| Subject: How H&C decision makers must decide. |
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To All
CIC Officers will often quote Response to Information Requests RIR´s from the IRB site based on your countries National Documentation Packages.
http://www.irb-cisr.gc.ca:8080/Publications/index_e.aspx
The CIC Officer cannot use an outdated RIR to refuse your H&C application while ignoring more recent and relevant RIR´s.
There is a Federal Court decision Cepeda-Gutierrez v. MCI, in which Justice Evans held that a decision-maker is deemed to have ignored evidence where s/he fails to mention it, and where it contradicts a finding of the decision-maker.
Just because you get a refusal to your H&C application it does not mean all is lost.
Roy
cvimmigration.com
[08-02-2013,12:40]
[***.113.87.90]
Roy |
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(in reply to: How H&C decision makers must decide.)
Sure! What is the approval rate for H&Cs that have been previously refused?
[10-02-2013,12:21]
[***.183.183.13]
DocD |
(in reply to: How H&C decision makers must decide.)
DocD
I will not brag how many H&C cases I win but common sense has to prevail if you google my name the proof is on the internet. When it comes to H&C I know my stuff because I was an H&C Program Specialist for the Regional Manager in Ontario.
When a refusal of an H&C application is groundless or sloppy by the CIC Officer the odds are very good that a second application or Federal court application will succeed.
Of course showing the errors of the Officer and even more recent quality H&C factors when it becomes a contentious case the CIC manager will have to be informed of his staffs actions. Sending communication to the manager sometime helps greatly.
I recently had three approvals within days from the Vancouver BRO Office regarding China´s Family Planning Policy and than another sub office refused one client based on the very same additional evidence I submitted for the other three successful H&C clients.
Counsel can seek a reconsideration, Counsel can use the media, Counsel can file an application to the Federal Court.
You have to know about Mavis Baker http://scc.lexum.org/decisia-scc-csc/scc-csc/scc-csc/en/item/1717/index.do
Here is one well know example.
This one took six months. http://www.torontosun.com/2012/02/20/family-faces-deportation-to-china
Roy
cvimmigration.com
[10-02-2013,18:14]
[***.113.87.90]
Roy |
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