Q & A: Error in assessment?

CIC News
Published: May 1, 2003

Q. My application was refused after the immigration official failed to award 5 points on the adaptability factor for a Canadian relative. What can be done?

Answer: There are three available strategies. Without specific knowledge of the case, it is difficult to know which would be best:

1. advise the visa office of the errors in the assessment of your case, assuming these factors have all been properly documented, and request that the case be reopened and reconsidered. Once a decision is rendered, the visa office has no obligation to reopen the case, or consider new information.

2. apply for leave for appeal, and subsequently seek a judicial review of the decision in a Canadian court.

3. resubmit the application being such to clearly document all aspects of the application which lead to the award of points.

The most likely reason for refusal if you stated a relative in your application would have been inadequate documentation, or an ineligible relative. Either of these issues could typically only be addressed in resubmission of the case.

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