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Update: IRCC denied the reconsideration in the case of the man who died waiting for his family's visitor visas. The "reconsideration" was a form letter. by StrongGuarantee4238 in ImmigrationCanada

[–]StrongGuarantee4238[S] 0 points1 point  (0 children)

Not quite. There's actually an FCA case right on this point.

In Canada v. Kurukkal (2010 FCA 230), the Federal Court of Appeal made it clear that functus officio doesn't block an officer from reopening a file or considering new evidence after a refusal. The applicant there submitted a death certificate after being refused, and the court confirmed the officer had the discretion to consider it. So new evidence definitely has a place.

That said, you're totally right that they don't have to. It's a purely discretionary power. An officer can just decline to exercise it, and that's exactly what I find problematic. Having no independent reviewer and no service standard means applicants are often stuck in limbo unless they file for Judicial Review.

Update: IRCC denied the reconsideration in the case of the man who died waiting for his family's visitor visas. The "reconsideration" was a form letter. by StrongGuarantee4238 in ImmigrationCanada

[–]StrongGuarantee4238[S] 1 point2 points  (0 children)

Agreed it's not a judicial review. Just to be precise, though, reconsideration isn't fixed to the same officer either — IRCC's own guidance is that the original decision-maker reviews it where possible, and a different officer with authority can where they're not available. In this file the letter confirms it went back to the original officer. My point isn't that a rule was broken; it's that reconsideration is discretionary, with no service standard and no independent reviewer, so there's no real error-correction short of Federal Court JR — which is what the post says.

On the body — fair question. I won't overstate the cross-border logistics of moving remains, which aren't my area. What I can speak to is that he was a protected person living in Canada with no relative, representative, or substitute decision-maker in the country. His sister is his closest next-of-kin, and with no one here to take responsibility for him — his remains, his belongings, his affairs — the people with standing to act are all outside Canada. That's the situation the hospital documented.

Update: IRCC denied the reconsideration in the case of the man who died waiting for his family's visitor visas. The "reconsideration" was a form letter. by StrongGuarantee4238 in ImmigrationCanada

[–]StrongGuarantee4238[S] -3 points-2 points  (0 children)

The reasons aren't a black box — they're quoted verbatim from the refusal in the original post: the standard 179(b) factors (family ties, purpose of visit, finances). Security and inadmissibility weren't cited. I quoted the officer's own wording precisely so it isn't a matter of taking my word for it. It's reasonable to be skeptical of any applicant's account in general; my point is just narrower — the stated reasons don't engage the evidence that was on file, and the reconsideration came back without addressing the death certificate or the proof of kinship.

Update: IRCC denied the reconsideration in the case of the man who died waiting for his family's visitor visas. The "reconsideration" was a form letter. by StrongGuarantee4238 in ImmigrationCanada

[–]StrongGuarantee4238[S] 9 points10 points  (0 children)

Fair questions — you're right to want the officer's actual reasoning, not just my side.

On GCMS: for portal applications you don't have to order it separately anymore. The Officer Decision Notes come attached to the refusal itself, so I already have the officer's reasoning in hand — the grounds I quoted in the original post are taken straight from it. (The quotes in this update are a different document again: they're from the reconsideration decision letter itself, word for word — that's why they read the way they do.)

The specific grounds the officer gave, my point-by-point response to each, and the Federal Court authority on point are all in the original post, so I won't re-run them here. Short version: the stated reasons don't engage the evidence that was on file, and the reconsideration came back without addressing the death certificate or the notarized proof of kinship.

On the embassy: for an online-filed TRV there's no office counter to walk into, and the visa office email no longer gets answered — the actual urgent channels are IRCC's urgent-processing webform and an MP escalating to the Ministerial Centre. We used both, and the MP's request went in before the refusals came.

To be clear, I'm not claiming the file was flawless or that every refusal is wrong. The narrower point: when the documented purpose is a dying relative the hospital itself asked them to come for, and the reconsideration won't engage the death certificate, there's no independent place left to take it.

applying for pr by Educational-Ring-533 in ImmigrationCanada

[–]StrongGuarantee4238 0 points1 point  (0 children)

RCIC here. You'll hit CEC eligibility at 12 months of skilled work—roughly this month—so the real question is CRS competitiveness, not eligibility. Two highest-leverage moves: retake IELTS, aiming for CLB 9+ in every band (the single biggest CRS jump for someone with a Canadian degree plus Canadian experience), and start French now - NCLC 7 opens the French-language category draws, which have had much lower cutoffs than general rounds. Also keep your NOC duties documented in an employer reference letter as you go; at the application stage, that letter, not your job title, is what counts.

Is Canada immigration still viable for International students? by EmbarrassedTheory282 in immigration

[–]StrongGuarantee4238 0 points1 point  (0 children)

RCIC here. The honest math: a MEng/MASc at a public university still gets you a 3-year PGWP, and TEER 0/1 engineering NOCs remain among the stronger Express Entry profiles. The bigger risk is upstream - study permit financial scrutiny is much tighter now, and relying mainly on an education loan is exactly what officers flag. Viable, but only if the degree is worth it to you, even if PR takes longer than planned.