SARABC:
We have lived here since 2008… worked , studied.. bought a house. Not many travels. Yet got RQed . Please do NOT draw personal conclusions dpenabill as it can mislead people! |
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I am confused by your remark. Are you claiming to be the majority of well-qualified applicants? That those in the "we" you are referring to, add up to more than a hundred thousand applicants? And that all of you were well-qualified and were given RQ?
Relative to the misleading of people, I try hard to balance all the various sources of information we have, with due consideration given to a great deal of information we do not have, and offer what is, in my judgment, a fair estimation of how things work, why this or that works this way or that way, what some of the risks are, what can be anticipated, what we do not know, what we do know.
I have often said: Anyone can get RQ. Anyone.
There is no guarantee that this or that individual will not get RQ.
I never say to someone that there is "no" risk they will get RQ. (There is always some risk.)
In fact, in my post above I explicitly said:
Bottom-line: yes, there is still a risk of RQ notwithstanding the pre-test RQ process. |
Except in the most obvious situation, I rarely even suggest that someone will for sure get RQ, though I might point out some looming risk indicators and say the risk of RQ is high (anyone who applies with less than 1095 days of actual presence, very high risk of RQ; anyone who shows up at the test interview without required passports, very high risk of RQ; among other high risk factors).
In the meantime, the fact that one, or ten, or a thousand well-qualified applicants get RQ does not change the fact that overall over a hundred thousand applicants, perhaps as many as 150,000 applicants, go through the process every year without getting RQ.
So, I do not believe that there is anything at all misleading about stating that I am confident that for the majority of well-qualified applicants, the risk of RQ is generally quite low.
Unfortunately for some, the fact the risk is low does not mean it is zero: some well-qualified applicants get RQ.
clayton:
One point, you never answer, does CIC have the right to put RQ file aside on the black corner for so long time and no citizenship officials never touched? Do you think this is correct or not? |
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I am not sure what you mean by the question. Generally government bodies do not have "rights" per se.
They have policies and practices, based on statutes and regulations and internal operating rules and guidelines.
The Citizenship Act and the regulations are easily accessed online.
The CIC operating manuals are still posted online by CIC (they will be implementing a major do-over soon, so who knows whether all this information will continue to be readily accessible or not). Most of their operational bulletins are also available online, though some are not. Some have been obtained by ATI requests and shared here.
I suppose you are trying to ask whether CIC has the lawful authority to not take action on an application for an extended period of time. And whether long shelf periods, during which there is no apparent action taken, are consistent with proper procedure. That is, does the suspending of action on a file constitute an unfair or illegal procedure or practice?
My opinion: Sometimes yes. Oft times no. It depends. The factors it depends on are many.
Sometimes the long delay is simply a matter of waiting in a queue, waiting for one's turn.
The RQ case in which the applicant's response to RQ does not satisfy the CIC officer, that is that both the applicant declared 1095+ days actual presence, and the applicant accurately declared all days absent, becomes a residency case to be, in effect, adjudicated. Ajudications, even quasi-adjudication in adminstrative agencies, tend to be very backed up processes. Cases sit for a long time before they are taken to a trial, or hearing, or whatever the adjudicatory process in that body calls for.
There is legal recourse for applicants who are denied fair procedure. To pursue such recourse a lawyer's assistance is almost an absolute necessity.