Application Rejected !

Canada Immigration Forum (discussion group)            
Subject: Application Rejected !
  Hello everyone,

well, as my husband and I were almost positive that ww would be receiving a PPR, instead we got the rejection letter. I will post the letter at the end, but first I would like to ask for your help as what can be done at this point. My husband had a DUI charge 5 years ago, and his case is still pending (last hearing in November), and after that it will most likely be dismissed as it has never existed. He´s never been convicted or jailed, but still they found this to be a serious offense and rejected his application. We´re getting a lawyer, becuase we´re so devasted after a long wait, and obviusly we need professional help.
Here´s the letter itself, and we are not sure from this letter whether nothing can be done for another 5 years that need to pass from the moment his case is dismissed, or can we send them the documents when the case is dismissed and they will look at the application again (we´re not even sure if it has been closed and maybe we need to apply again).

Dear Mr. ______, after careful and thorough consideration of all aspects of your application and the supported information provided I have determined that you do not meet the requirements for a PRV because you are a person described in paragraph 36(2c) of the immigration and refugee protection act.You are therefore criminally inadmissible to Canada.

Paragraph 36(2c) renders inadmissible a foreign national on grounds of criminality for having committed an act outside Canada that is an offense in the place where it is committed and that, is committed in Canada would constitute indictable offense under an act of parliament.

You have been charged with an offense namely driving under influence on Aug 5, 2000 in Seattle, Washington.
If committed in Canada this offense would be punishable in Canada under article 253/255 of the criminal code of Canada and would be punishable by a maximum term of imprisonment not exceeding 5 years.
You are not eligible for approval of rehabilitation, as 5 years have not lapsed since the completion of the sentence. You are still pending requirements from the original deferral for prosecution in Aug 6 2000.
You are not to be eligible until you complete the sentence and an officer can make a determination.

Subsection 11(1) of the Act states that the Visa or document shall be issued if, following an examination the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this act.
I am satisfied that you are inadmissible for the reason set out above. I am therefore refusing your application pursuant to subsection11(1) of the act. This inadmissibility also extends to any stay in Canada as a visitor.You should therefore not attempt to enter Canada.

C. Athoe
Designated immigration officer

(in reply to: Application Rejected !)
Cheryl Athoe. The same B!TCH that refused our application. Wait till I show my husband this post. We have SO much contempt for this person I can´t even tell you. You know, she´s not even a Canadian Citizen. She´s an American working at the Buffalo consulate. Damnit.

I fully understand how devastated you must be right now. We went through this same thing 3 months ago when we got our refusal letter (also fully expecting PR, or at the very least an interview request).

Our reason for refusal was a bit different, our original application was filed under conjugal partner status (we´ve since married in June) and she ´wasn´t satisfied´ we met the characteristics of a conjugal partnership, nor did she feel we had a legitimate impediment to marriage (nevermind the fact I was waiting on my divorce).

It sounds like she was equally inflexible to work with your case as well.

This may make you feel better.. We used a consultant and she´s part of the CSIC network. Apparently there are a LOT of complaints about this particular officer for multiple frivilous refusals, and there are a collective group of consultants who are pushing to have action brought against her.

That probably wont help you (or me for that matter), but like I told my consultant, this is a REALLY hard thing not to take personally. Somehow knowing that we´re not the only ones made us feel a bit better (not that we would wish this on anyone!)

We got our refusal letter 2 days after our wedding. We were just gathering up all our wedding photos, marriage cert, info on our joint bank account, and the house we had just bought all to send into Buffalo to inform them of our change of status and updated info. The letter came before we had a chance to send it.

Our consultants sent the information anyway, with a letter to the Supervisor requesting a reconsideration of our application based on new information and due to the fact some of the claims she made were not even true (she wasn´t satisfied that we had been maintaining a conjugal relationship for a period of 1 year as per the rules, yet we sent over 2 years worth of flight records and phone bills).

They really have no obligation to respond once a decision has been made. We had the right to appeal, but by the time we waited on our response, the time had elapsed to file an appeal anyway. We were also told that appeals could take up to 2 years, and would cost a few thousand dollars to fight. With our consultant, we decided that re-filing under Spousal would be quicker, easier and cheaper. So, that´s what we did. We just got our new application off last week (after getting new medicals, new FBI clearance, etc, etc)

Talk to your lawyer and see what he feels is best. Having them re-open the case probably won´t happen, but you could appeal or even re-apply.

I´m sorry this happened to you :(

(in reply to: Application Rejected !)
I recently submitted an application for my husband and I have been thinking about the possibility of receiving a rejection letter, our case is complicated. It´s very difficult to think that a rejection letter mean another two-year maybe more of living without the person that you love.

My husband and I have come up with a plan B; we are willing to live apart until the end of 2006, we are giving immigration plenty of time for processing. If we get a rejection letter I will quit my job, which I enjoy greatly and move to the Caribbean to live with him while we appeal the decision.

Are there any limitations to you moving to live with you husband until you either complete the appeal process or satisfy the criminality requirement?

I am truly sorry to hear about your situation and wish you all the best.

(in reply to: Application Rejected !)
The person who handled your case should not be blamed. CIC clearly states that anyone who has DUI conviction is automatically disqualified.
(in reply to: Application Rejected !)
Yes, but there´s also a 5-year clause wherein you may qualify for a rehabilitation. They are obviously in their 5th year, and there was NO conviction, I´m sure they were within reach of qualifying.

This officer´s reasons for refusing our case were completely without basis, but she did it anyway... because they can.

Sorry, but I will forever blame this person who cost our family 9 precious months of our lives.

(in reply to: Application Rejected !)
Californiatocanada- my husband was NEVER convicted, he was only charged, and there´s a big difference between these two.
(in reply to: Application Rejected !)
i dont know why CIC makes people sit and wait for years and then give them a big surprise. If they knew that your husband is charged of DUI they why didn´t they tell you in the first place that you are inadmisable......and if you knew it already that this issue may cause you troble then you should have consulted a lawyer long time ago to explain CIC, if what is your position in the case. anyways there is no use now to tell these things to you because you have laredy received the REJECTION notification......the best thing for you is to contact some good lawyers and follow their advise......I feel sorry about you.....i know how it feels but you gotta live with it.......Relax, dont panic and try to contact the best lawyers if you can......GOOD LUCK...
(in reply to: Application Rejected !)
Anonymous and FWChelle

Was your application rejected before medical or you straight way received the rejection letter not even a call for interview

(in reply to: Application Rejected !)
With ours, the medical was done beforehand and sent in with the application. That was October 2004. Received AOR from Buffalo in December 2004. Heard nothing for 6 months, and received the refusal letter in June 2005. We were never called for an interview.
Canada Immigration Rejection Forum (in reply to: Application Rejected !)
Hi Everybody,

I had applied for my Canadian PR in 2007, around june 2008 i received a letter from high commission UK mentioning that i will be getting my interview letter in the next six months, i waited till Feb 2009 but no letter was received from them. I wrote to them and the reply i received really shocked me, My application was rejected because as per High Commission UK, i was sent 2 letters (oct´08 and jan´09) to attend interview and since i didn´t attended the interviews my application was rejected. I would like to state here that i did not receive any interview letter from them, why i wont attend the interview after spending so much time and efforts for the PR.

Looking forward for your advice to sort this issue.


(in reply to: Application Rejected !)
ok guys i guess my case is pretty bad i have been convicted of some crimes in the past plus yes have done time aswell 6months all this was over 10yrs ago my wife is canadian we have a daughter shes almost five well i was refused PR in 2010 am not sure what to do i did not appeal cause we could not afford it my last offence was in 2006 DUI but its been over 5yrs should reapply for my PR again or the rehabilitation