我正在试另一条道能不能有进展,给大家通报一下。我今天正式给CIC的ATIP的头写了一封信,告诉他如果渥太华不在五月六日之前告诉我更正我的档案的结果,我就会去Information Commissioner投诉,并要求法庭裁决。我请他确认CIC是不是不会给我提供除了官方网站之外的关于申请处理时间的信息。当然,我这两天会正式申请要那些信息,建立30天的期限,以便拿到他们的正式拒绝信,好让其他机构介入。
CIC这样拖非常不地道。如果它直接快速地拒绝,人家还可以走程序去申诉。这样拖着说你等着就好了,5年都正常,不给别人申诉的机会。父母年龄都大了,难道就想自然淘汰吗?想歧视某些申请人,就直说好了,又不想付出政治代价。总得有点担当吧。
Dear Mr. Zawadzki,
I’m writing to you because Treasury Board of Canada Secretariat records you as the Access to Information and Privacy Coordinator for Citizenship and Immigration Canada ("CIC"). I have been corresponding with your office on matters relating to CIC file P-xxx for a while, but only received unsatisfied responses to my inquiries. I'm contemplating filing a complaint to the Information Commissioner of Canada and/or taking the case to the Federal Court of Canada. Before taking any actions, I'd like to ask you whether you'd like to clarify your office's position so as to clear any misinterpretations or errors, if there is any.
Below is a detailed timeline of my corresponding with your office and the CPC Ottawa. I have enclosed the relevant email communications for your reference.
February 3, 2015: I submitted an online request under the Privacy Act for my electronic sponsorship file.
March 6, 2015: Your office emailed me a PDF file named “CIC file P-xxxx” containing the electronic sponsorship file I requested.
April 6, 2015: I emailed your office a signed complete Correction Request Form with supporting documents, requesting to correct the errors in the sponsorship electronic file, which have caused the undue delay of further processing my parents’ permanent resident applications.
April 13, 2015: I received an email notice from your office, acknowledging receipt of my correction request on April 6, 2015 and advising me to expect a response on “its status within 30 days”.
April 17, 2015: I received a response to my correction request from the CPC Ottawa, as cited in whole: “We received a request for correction and the submission of additional documents. Please note that these documents are now on file and will be reviewed in due time.”
April 18, 2015: I forwarded the CPC Ottawa’s response to your office, seeking clarification on the timeline of receiving a response to my correction request. I further asked for assistance on how to access information of CIC’s processing timeline for sponsored permanent residence applications under parents’ category. In this email, I explained my situation so as to give your office the context of why and what type of information I’m looking for.
April 20, 2015: I received an email from your office, claiming that your office “cannot answer questions about immigration files, or take action on them”. This email further claim that your office cannot assist my access to information on the processing time other than referring me to CIC’s website at
http://www.cic.gc.ca/english/information/times/index.asp.
April 20, 2015: I emailed your office again, seeking further clarification on whether the CPC Ottawa’s email dated April 18, 2015 is qualified as advising me on “its status within 30 days” as referred in your office's email dated April 13, 2015.
April 22, 2015: I called your phone number
1-800-667-6703 published on the website of Treasury Board of Canada Secretariat, but was automatically directed to your office's general voice mailbox. I left a voice message for you, but haven't yet received a call back.
April 24, 2015: I received an email from your office, confirming that the CPC Ottawa's email dated April 18, 2015 is CIC's final response to my correction request.
I am sure you're very familiar with Section 11 of Privacy Regulations, which specifies what constitutes a proper response to a correction request within 30 days of its receipt date, as you may find from
http://laws-lois.justice.gc.ca/eng/regulations/SOR-83-508/FullText.html. You must also haven't forgotten that your office was set up to assist applicants to access information.
You may clarify whether I should still expect a proper response as prescribed by the privacy statutes to my correction request within the 30 days timeline. You may also clarify whether your office's email dated April 20, 2015 reflects CIC's policy of denying access to unpublished information on CIC's processing timeline. If needed, I can submit a request to access under the Access to Information Act so as to obtain an official rejection from CIC.
If you're interested in responding, please do so by May 6, 2015, which is 30 days from the date of your office's receipt of my Correction Request Form.
Thanks,
xxxx