Home | Contact Us | FAQ | Search & Site Map | Link to Us
Sign In | Join | Other 45 Sites in Network
Home
Discussion GroupsAustralia and NZCanadaUSAUSA Marriage Base
ImmigrationKB.com
Contact UsLink To UsSearch & Site Map

Immigration Forum / Canada / April 2008



Tip: Looking for answers? Try searching our database.

Canada Refusal - Strategy For Appeal Advice

Thread view: 
Enable EMail Alerts  Start New Thread
Thread rating: 
Rassilon - 31 Jan 2008 07:39 GMT
After 4 years of planning & waiting, we have been dashed at the 11th hour,
understandably feeling gutted & angry at basically having put our lives on
hold for all this time for this rejection.

The reason for the refusal is our daughter, who has a slight developmental
delay\combined with dyslexia, the following header came with PDF's sent from
our lawyers.

"Dear Mr. ******,

This is to inform you that we have received the attached correspondence today
from London.  As the letter states, you have 60 days from the letter's date
to submit additional information relating to ******'s condition that may help
your case.
 
We recommend taking the letter to ******'s doctor, and letting the doctor
read the letter.  If the doctor does not agree with the findings, then the
doctor should provide a letter stating the reasons.

Best Regards,

******* *******
Legal Assistant"

The accompanying documentation states that CHC consider her:

"If admitted to Canada, she would require an evaluation by an
educationalassessment team dealing with children who have developmental
delays. From this evaluation she would almost certainly be identified as an
exceptional student requiring special education and special funding would be
allocated to her so that she could receive this education.

It is reasonable to assume that special education will likely be required
throughout her schooling years. This special education is costly.

In summary, based upon a review of the results ofher immigration medical
examination and all reports received with respect to her health condition,
this client has a health condition that might reasonably be expected to cause
an excessive demand on Canadian social services."

The vast majority of the narrative they have stated comes from a older report
into her status & not the one we commissioned at CHC's request & took place
last October.  Given that she attends a main stream school, receives about 20
minutes a day in one to one support we are going to, we intend to provide the
following:

Supporting letters & documents from:

 Our family Doctor not the DMZ, who only met her once.

 From both her middle & current schools, including photocopies of merits she
has gained for good      
 work in class.

 A letter from us highlighting the positives in the privately commissioned
report, which was far less                
 bleak than the older report, which did contain a few actual errors & other
relavent information:
 
   That she is now reading at a functional level & helps her younger brother
with his homework.
   
   That as she receives between 1 - 2 two hours of assistance a week during
school time, that we  
   could easily fund a similar level of private tution\home study.

   That as part of her developmental delay & adjustment to Canada we were
going to see about her    
   being held back into a lower year at her Canadian school.

   That our intended landing would now not be for another two years taking
her to 15, as our eldest  
   son has now accepted a place at a music college (as a result of having to
take some form of
   decision for his future while waiting) that we wish him to attend & we
would not be leaving him in    
   the UK until he neared the course's completion.

Helpful thought's, comments, opinions or anything else we could add to the
appeal letter & supporting documents would be most welcome.

Thanks .
S P Arif Sahari Wibowo - 01 Feb 2008 14:04 GMT
> After 4 years of planning & waiting, we have been dashed at
> the 11th hour,

Note that those 4 years are not time of processing, but waiting
in queue, the processing itself only the last several months, so
of course any rejection only show up on that last several monts.

> The reason for the refusal is our daughter, who has a slight
> developmental delay\combined with dyslexia, the following
> header came with PDF's sent from our lawyers.

8 comments below:

1. This is not a refusal as yet, but instead a request for more
information. The officer has opinion, but not a final one.
Apparent from the fact that you still given chance to reply.

2. You can blame all this to your lawyer. If he/she has any
competence, he/she should realize that your daughter situation
may be questioned by the officer and make precautinary steps by
including all letters adn documentations about your daughter.
Unless of course if you hide this fact from your lawyer, then
you can only blame all this to yourself.

3. You should contact your lawyer if they can help you
personally in preparing and reviewing the documentation needed
to show that your daughter condition is not a problem. You may
need pay more (especially if you hide this fact before). If they
cannot / will not do it, maybe time to find other professional
(Canada immigration consultant or lawyer).

> we intend to provide the following:
> Supporting letters & documents from:
[quoted text clipped - 10 lines]
> week during school time, that we could easily fund a similar
> level of private tution\home study.

4. This is all good, but keep in mind that the officer may not
necessarily agree on your assessment, and take whatever bleak
point of the reports. IMHO opinions from a 3rd party
professionals will be much more relevant than your own opinion,
so get more of them: opinion from her teachers, her tutors, and
other professionals she meet often. Put in also letters from
friends and family. Other possibility: get a video of her doing
all these, upload it online (secured site if necessary), and
send the link to the officer (you cannot send a video
otherwise).

5. Don't held back anything in gathering proof, you may need to
overwhelm the officer with proof, so get as much as you can.

6. Make sure all these materials reviewed by a immigration
professional before you send / publish it. He/she should choose
which one and how much may be useful.

> That as part of her developmental delay & adjustment to Canada
> we were going to see about her being held back into a lower
> year at her Canadian school.

7. I don't see this help at all. In the contrary it seems you
admitting that she may need special help.

> That our intended landing would now not be for another two
> years taking her to 15,

8. I don't think any statement that you don't want to landing
now will help at all. The officer may likely just toss your
application away, saying "just apply again when you ready".

Note that you cannot delay your landing as your will. If you get
PR visa it will have several months validity and you cannot
extend it. If you don't land before the expiration, then you
will lose your right to PR.

Signature

                             (stephan paul) Arif Sahari Wibowo
   _____  _____  _____  _____
  /____  /____/ /____/ /____
 _____/ /      /    / _____/      http://www.arifsaha.com/

Disclaimer: IANAL, IANALP, IANAMD, IANAMP, IANAAP
my statements - if any - should be treated as such.

Rassilon - 02 Feb 2008 11:43 GMT
Thanks for all the comments.

Most of them have since been covered as the situation has now been clarified
somewhat, as the scanner that produced the pdf file we received via e-mail
didn't include the vital second page of the documentation which stated the
final decision had not as yet been made.  This we finally received yesterday.
This gave me a more optimistic outlook

We have obviously put a considerable amount of work into the application,
including getting supporting documentation together, as most of my employers
have gone to the wall & I now run my own business, which made it hard to get
references for the last 8 years of my working life, hence the 4+ years to get
to this point (But its almost 3 years in processing now).

So that aside, heres the update taking note of your comments as well.

We have already been in touch with the family doctor, her past & current
schools (including individual teachers) who we are meeting with next week.

The lawyers have been contacted & advised of what we are doing, I will send a
copy of the document I intend to submit for final appraisal before submission.

The "holding back in school approach" was suggested to us as a option by
relocation agents we have met, as a grounding for the eldest child to give
him more time in the Canadian education system who has no difficulties
whatsoever (who was not at all happy at the prospect of completing UK High
School, to start another 2 years of Canadian High School).

As part of the waiting process we have had to put aspects of our life on hold,
one exceptions is my eldest son who leaves school this year & with all the
uncertainty that surrounds us, we made the choice to support him in his
further education path when he was offered his place & prior to the
communication we received this week.  This education path could not have been
forseen at the time of submitting the application.

The delaying of landing approach was misphrased & I realised the error
shortly after I finished typing it, our intention would be to land this year
within the scope of the COPR & make the permanent move after my son has
finished his two year course, which still leaves a good three years to
maintain the PR card.

Thanks again, we are a little happier now than we were at the time of the
original post.
Daw Immigration Solutions - 06 Feb 2008 15:23 GMT
There is precedent, including a very recent one, that provide some
hope in overcoming this.

The key is not the perceived disability.  It will be very difficult
now to persuade them that she is not behind.

If I was representing you, my submission would focus on your financial
situation and how you can help take care of any extra requirements on
your own.

I don't understand your financial situation, but you must ask for
individualized assessment as to whether the fact that she requires
additional services means that you will in fact place the demand for
these services on the government.  The court cases that have been
overturned have been related to the assumption officers made - that
someone needing extra services automatically becomes a 'burden' on
Canada.  They MUST give you the chance to show that the extra services
she needs could be met by your family privately.

You should look into what private services are available (probably
better quality than Gov anyway) and what financial costs they will
impose.

If you want to speak with me in more detail, please contact me via my
site:

Chris Daw
www.dawimmigration.com
Rassilon - 09 Feb 2008 12:30 GMT
Thanks for that input Chris.

At the moment I have in my continualling evolving draft letter (3 pages),
pointed out all her strengths & abilities, while not denying that she is
academically challenged I have made the point that she is to all intents &
purposes a normal girl on the edge of puberty, who attends a normal school
with no support in her classes & receives 20 minutes a day in a support group
& that we can fund this from our settlement funds which will approximate $C40,
000 ($C52,000 for the following year) for a family of 5 if we land later this
year, this is in addition to the equity of the sale of the family home.

I have gone through the documentation received & can redress most if not all
of the comments quoted in the narrative in of the letter, which focuses
heavily on the opening summary of the report supplied for the medical.  The
report supplied for information was already approaching two years old when
presented at the medical & the summary itself was an amalgam of earlier
reports & a verbal interview.  I have documentary evidence from her baby
books that can challenge this narrative.

I am also focusing on the fact that her godmother & aunt who both trained &
work directly with children, have picked up on a phrase used by the schools
supporting letter, that implies that she is on the same program of visual,
audio & tactile stimulus used with severely disabled\autistic children.  They
both state that if they had seen that statement on a child who they had not
come into contact with previously, they would have assumed the childs
impairment to be severe.  

I will contact my lawyers regarding the assessment & the perceived extra
burden issues that you raise.  I hope to have all the letters\documents in
place by the close of the next week within the first 30 days of the 60 days.

Thanks again for your input.

Rass
Rassilon - 03 Apr 2008 16:18 GMT
The draft letter hit 4 pages, loads of supporting documentation from family,
friends, doctors, county educational team (very useful positive letter
totally unexpected turned up), high school (nil effort & lethargy) , web
sourced additional info & You Tube video's of her doing "normal" stuff.

Result success - Received a phone call from CHC this morning, "Would we like
the details of what to do next sent to home address or our lawyers in Canada?
"

Thanks for all your input guys, it was a great help.

Now to go on holiday before September to "land".
Rassilon - 18 Apr 2008 10:10 GMT
THO has been at her sisters for nearly 2 weeks, went up Monday (sort out wifi
& other issues) with James & we dropped the passports off at CHC for Canada
today.

13.11 - Arrived at CHC & started queueing (in the first 6 or 7).

13.30 - Queue is halfway down the building.

13.55 - Out come the officials & hand out envelopes with stamped visa's for
those that dropped them off 2 weeks ago, a few people in front depart happily
(Bonus it now means I am in the first 5 & they only let you in a group that
size one at a time).

14.00 - I am in the first group in to the entrance lobby, quick lecture about
turning off mobiles etc & that they will have to be secured into lockers,
flag the fact that I am free of phones, PDA etc as it is all with James
waiting outside. Result move to front of the queue, put wallet paperwork &
keys through X-Ray machine & move through the security scanner. Go through an
"airlock" (door to the interior will only open, when the door to the lobby is
closed) move upstairs.

14.08 - Stand at  queue (1st) & called to the desk, hand over documentation,
photo's & passports, given receipt to return with on the second Thursday.

14.11 - Back outside with James & contemplating where to go for lunch, before
meeting THO & youngest kids at Paddington at 16.00.
 
Sign In
Join
My Latest Posts
My Monitored Threads
My Blog
My Photo Gallery
My Profile
My Homepage

Start New Thread
Enable EMail Alerts
Rate this Thread



©2009 Advenet LLC   Privacy Policy - Terms of Use
This website includes both content owned or controlled by Advenet as well as content owned or controlled by third parties.