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malicia

Star Member
Nov 14, 2016
97
52
Did you misrepresent yourself cause was reading that procedural fairness is when you misrepresented your self or they have information that someone send them to prove that your case is not real
Or was they deported from the country before
 

yoge

Hero Member
Feb 11, 2017
916
392
canada
Category........
FAM
Visa Office......
colombo
App. Filed.......
07-02-2017 app return 21-02-2017 resubmit 29-03-2017 citizenship app filled online 2023-Apr-10
Doc's Request.
Sch a and pcc uploaded via gc key 17/05/2007
AOR Received.
21-04-2017
File Transfer...
29-05-2017
Med's Request
01-09-2017 Re-medical Request 30-Jul-2019
Med's Done....
20-09-2017 Re-Medical Done 05th-Aug-2019
Interview........
13-03-2018 Ecas in process 05/26/2017 Aor2 05/29/2017 Ecas Changed To DM 31-Mar-2018
Passport Req..
Application Refused 2018-04-11 appeal file 2018-apr-20 Iad Confirmation May-09-2018 full hearing 23 rd may 2019 @edmonton Appel Won 14-june-2019 Additional Document Request 30-Jul-2019 doc send 13-Aug-2019 Bio metric req 13-aug-2019 Bio Completed 15-aug-2019 PPR 01-Nov-2019
VISA ISSUED...
13-11-2019
LANDED..........
26-11-2019

malicia

Star Member
Nov 14, 2016
97
52
Question...do you get a procedural fairness letter before denial? My hubby had his interview yesterday and was told they dont believe the marriage is genuine. Dm today. Anyone?
Sarahannclarkes5 there is a thread that well able to help it they experience about fairness letter I was just reading some of there post maybe you can go there and see if they can help and how to go about to process the matter
 
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Sarahannclarke5

Hero Member
Sep 19, 2018
522
226
Ontario, Canada
Visa Office......
Kingston, Jamaica
App. Filed.......
26-10-2018
So i didnt get procedural fairness, we got a full out denial.
They denied on 2 basis-
*they say he stumbled over my kids names (he talks to them nearly every single day. I have pics of him with my 1 daughter) he absolutely in every way shape or form knows my childrens names for God sakes.
*my previous marriage, my husband was murdered. I was never able to get the death certificate, even going to the country 3x for it.
To get it, you need a post mortem from the place he got the autopsy. Then the police have to release whats called a form d. His family never did get that and register his death. When i went down and tried to do it, the police told me sure, theyd get it ready and did not. Ive called every place that im told to call, and they just put me in a circle. It has to be a family member to get it, and his damily just doesnt feel the need to do it.
I have no idea what to do at this point. Do i file for appeal and go to jamaica in the mean time to try again to get it? Do i get remarried to my hubby to show we really are married? Or do i wait and reapply? Im so lost. Im heart broken.
 

25may2k7_applicant

Hero Member
Jul 14, 2017
378
117
Islamabad
Category........
FAM
Visa Office......
LVO
App. Filed.......
26-05-2017
File Transfer...
19-10-2017
So i didnt get procedural fairness, we got a full out denial.
They denied on 2 basis-
*they say he stumbled over my kids names (he talks to them nearly every single day. I have pics of him with my 1 daughter) he absolutely in every way shape or form knows my childrens names for God sakes.
*my previous marriage, my husband was murdered. I was never able to get the death certificate, even going to the country 3x for it.
To get it, you need a post mortem from the place he got the autopsy. Then the police have to release whats called a form d. His family never did get that and register his death. When i went down and tried to do it, the police told me sure, theyd get it ready and did not. Ive called every place that im told to call, and they just put me in a circle. It has to be a family member to get it, and his damily just doesnt feel the need to do it.
I have no idea what to do at this point. Do i file for appeal and go to jamaica in the mean time to try again to get it? Do i get remarried to my hubby to show we really are married? Or do i wait and reapply? Im so lost. Im heart broken.
First thing first file appeal against the decision.
 
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Sarahannclarke5

Hero Member
Sep 19, 2018
522
226
Ontario, Canada
Visa Office......
Kingston, Jamaica
App. Filed.......
26-10-2018
First thing first file appeal against the decision.
Definitely doing that. I did some research and got advice. If there were concerns about the dpcument she was to send a pfl for that and give us time to obtain that document, which did not happen. I did write an extensive letter of explanation of why we didnt have that document, amd she did not allow that into consideration, but dod not ask for proof of the explanation. According to case law, she must do that.
 

25may2k7_applicant

Hero Member
Jul 14, 2017
378
117
Islamabad
Category........
FAM
Visa Office......
LVO
App. Filed.......
26-05-2017
File Transfer...
19-10-2017
Now my question is how long does appeal take. Do i HAVE to get a lawyer? Or would it be best to get the document an reapply?
Once appeal is filed the IAD(immigration appeal division) will decide if you should be given an ADR(alternative dispute resolution) option or full hearing. In case of ADR it will take approximately 5 to 6 months, while in full hearing will take about 1 year time. You can also ask IAD for ADR after filing appeal.
You dont need a lawyer immediately but if you decide to hire one it will cost you 4k but if your appeal moves to full hearing he will charge you extra 3k to 3.5k. We had hired Max berger based in Toronto you can find his contact details from google.
 
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Sarahannclarke5

Hero Member
Sep 19, 2018
522
226
Ontario, Canada
Visa Office......
Kingston, Jamaica
App. Filed.......
26-10-2018
Once appeal is filed the IAD(immigration appeal division) will decide if you should be given an ADR(alternative dispute resolution) option or full hearing. In case of ADR it will take approximately 5 to 6 months, while in full hearing will take about 1 year time. You can also ask IAD for ADR after filing appeal.
You dont need a lawyer immediately but if you decide to hire one it will cost you 4k but if your appeal moves to full hearing he will charge you extra 3k to 3.5k. We had hired Max berger based in Toronto you can find his contact details from google.
Thank you
 

Sarahannclarke5

Hero Member
Sep 19, 2018
522
226
Ontario, Canada
Visa Office......
Kingston, Jamaica
App. Filed.......
26-10-2018
Has anyone here ever had a case reopened instead of appeal? Im just so desperate right now. The officer outright lied and told my husband i married someone else after meeting my husband. This HUGE error was the biggest reason she refused my husband.
 

Ibraruddin

Star Member
Jan 13, 2019
179
52
Has anyone here ever had a case reopened instead of appeal? Im just so desperate right now. The officer outright lied and told my husband i married someone else after meeting my husband. This HUGE error was the biggest reason she refused my husband.
They intentionally make such kind of mistakes to delay the process till ADR or full hearing which takes round about 2 years. This is their alternate strategy after reducing the processing time back in 2016. Before this date the processing was time was 2 or 3 years, when liberal govt cut the processing time to 1 year, the immigration started to refuse most of the cases based on small reasons, because they know to clarify these concerns it will take the same old processing time. So be patient and keep praying.
 

Zettty1980

Star Member
May 22, 2019
140
89
Hi all. Am really nervous. My husband was refused in may. We filled the appeal end of may. My lawyer told me a week ago that we have been approved for an ADR by the end if November. Pls has anyone gone for an ADR and won? What should I expect from an ADR
 
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Sarahannclarke5

Hero Member
Sep 19, 2018
522
226
Ontario, Canada
Visa Office......
Kingston, Jamaica
App. Filed.......
26-10-2018
They intentionally make such kind of mistakes to delay the process till ADR or full hearing which takes round about 2 years. This is their alternate strategy after reducing the processing time back in 2016. Before this date the processing was time was 2 or 3 years, when liberal govt cut the processing time to 1 year, the immigration started to refuse most of the cases based on small reasons, because they know to clarify these concerns it will take the same old processing time. So be patient and keep praying.
Thank you. I actually have an exceptional basis for reopening as the officer intentionally lied to my husband and on the refusal letter. I will be putting in the formal letter for that based on the lie and 3 procedural fairness breaches.
 

Virksab

Member
Oct 27, 2019
10
3
Can anyone help me applied for my wife got denied went IAD appeal got allowed appeal its almost three month after apeal allowed no response can anyone tell me how long take after apeal allowed
 
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