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Q & A: Reconsideration and Appeal

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Q. My application was not approved .Though I am not satisfied from the visa office. I have decided to file appeal. Can any body tell me is there are any chance of success in my application as I was awarded 68/70 points.

Answer: An appeal is not based on the score alone. Reconsideration of the score on an application may be requested but is rarely granted.

An appeal should be based on an error in law. Such an appeal must be submitted within 30 days of the receipt of the notice of refusal. The case should be examined thoroughly for adequate grounds prior to submission of an appeal.

[Comment: Once a written decision has been rendered, immigration officials are not under obligation to reconsider the case other than in the light of a new application. Prior to that, applicants should be given reasonable chance to resolve any difficulties which may result in refusal.

Appeal is a viable solution if an error in law has taken place. A rise in the number of frivolous appeals has been a factor in the drafting of Bill C-31, in which eligibility to appeal a decision must be granted.]



2 thoughts on “Q & A: Reconsideration and Appeal

  1. Avatar
    Angelita Doblon

    I just want to ask cause my work permit online application was refused they cannot read the file that I uploaded and their is a missing documents .. Can I resend all the documents again since all the documents needed in my application is on my hand. Thank you very much.

  2. Avatar

    Would really appreciate if someone can assist on this.

    I recently got a rejection for my FSW application filed in May 2014. I believe most important points were not taken into consideration by the Immigration office. I was informed by an ICCRC agent that I can file a judicial review but the cost are around 5000 $CAD to start off with and then additional for every hearing.

    I was told the other option is write to the Program Manager in the high commission requesting for reconsideration.

    Please let me know if I need to write an email or send a hard copy by post to the CHC New Delhi.

    If I need to send the reconsideration request by email is there anyone who can advise which email is the correct ID for the Program manager CHC New Delhi India.

    Would appreciate your responses



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