The authorities would need to take certain actions. These actions would help officers to determine whether the authorities reached a decision regarding the applicant meeting all the selection criteria.
Therefore, if the authorities take at least one of the following actions, it would denote that they made a decision about whether the applicant met the selection criteria or not. However, they would need to take these actions prior to February 11, 2014 for denoting that the applicant met the selection criteria. These actions include:
- Entering a selection decision into the processing system. This could include entering:
- “SELDEC” in the Computer-Assisted Immigration Processing System (CAIPS) or
- “Eligibility – Passed” or “Eligibility – Failed” in the GCMS
- Stating clearly in the file notes whether the applicant met the selection criteria or not, without entering the selection decision into the processing system
- However, in these cases, visa offices do not need to review their IIP or EN inventory periodically to find such cases
- They would only need to take action by contacting the NHQ, in case they come across cases like these on a normal basis
- Re-opening the file for a redetermination, after the authorities had made a negative decision previously, based on:
- Orders received from a Superior Court (including the Federal Court) or,
- A settlement agreement entered into by way of a court order made prior to February 11, 2014
- In these cases, special considerations would apply to applications that the authorities had determined previously, which have also been the subject of a judicial review
- These cases could be complex in nature
- Hence, officers would need to refer any questions they have to the International Region
- The International Region would consult with Litigation Management on an “as needed” basis
Similarly, officers would consider that the authorities did not make a decision as to whether the applicant met selection criteria, prior to February 11, 2014. They would base this decision on certain criteria. This would be in case they find that any of the following situations applied as of February 11, 2014:
- Not entering or documenting a selection decision into the processing system, despite having conducted a preliminary review of the documentation
- Requesting for additional documentation from the applicant, which has not arrived as yet or if a selection interview is still pending or,
- Not entering or documenting a selection decision into the processing system, despite receiving additional documents that could have helped the authorities make a selection decision
- An example of this instance could be the receipt of an investment or a response to an officer’s request for additional information, prior to February 11, 2014
Source: Citizenship and Immigration