Hi Hassan and everyone, how could I search for his track records, how do I find out their winning rate ? is canLII is the only place ? Thanks.Hasan9999 said:
ALL SPOUSE APPEAL CASES COME HERE AND JOIN US PLZ
- Thread starter love bird 43
- Start date
MaryL
Hero Member
- Apr 24, 2014
- 299
- Visa Office......
- Rabat
- App. Filed.......
- 30-10-14
- AOR Received.
- 22-01-15
- File Transfer...
- 27-01-15
- Med's Done....
- 28-08-14 Redone 25-07-17
- Interview........
- 21-05-15 DM 10-08-17
- Passport Req..
- 05-10-17
- VISA ISSUED...
- 11-10-17
- LANDED..........
- 14-10-17
Hi Guys,
My spouse sponsorship case has been rejected after 3 years. Reason is that I was in default on previous spouse sponsorship at the time when I submitted application. Although I paid all amount at once and asked immigration dept to continue application. My timeline is below.
Submitted Application : July 2012
Received Default Payment Letter: Oct 2012
Paid Default payment : Dec 2012
Rejected Application : May 2015
My question to you guys who has gone through this experience. Is there any chance to win case If I go in ADR. I do not want to go for full hearing which takes at least 2 years. OR Should I re apply. Please share your experience if you have won ADR (appeal ) based on default payment case. It would be appreciated that If you can share good lawyer name as well.
Thx
My spouse sponsorship case has been rejected after 3 years. Reason is that I was in default on previous spouse sponsorship at the time when I submitted application. Although I paid all amount at once and asked immigration dept to continue application. My timeline is below.
Submitted Application : July 2012
Received Default Payment Letter: Oct 2012
Paid Default payment : Dec 2012
Rejected Application : May 2015
My question to you guys who has gone through this experience. Is there any chance to win case If I go in ADR. I do not want to go for full hearing which takes at least 2 years. OR Should I re apply. Please share your experience if you have won ADR (appeal ) based on default payment case. It would be appreciated that If you can share good lawyer name as well.
Thx
SenoritaBella
VIP Member
- Jan 2, 2012
- 194
- Category........
- Visa Office......
- Dakar
- Job Offer........
- Pre-Assessed..
- App. Filed.......
- 08-01-2014
- AOR Received.
- 12-02-2014
- File Transfer...
- 25-02-2014
- Med's Request
- 02-11-2015
- Med's Done....
- 18-09-2013
- Passport Req..
- 02-11-2015
- VISA ISSUED...
- hopefully soon
- LANDED..........
- hopefully soon
Accountability, exactly! We have heard/read stories of people alleging discrepancies between what was said in the interview and what's in their file. I think recording all interviews would be a good first step. This is will ensure an ADR or full hearing panel can see and hear for themselves. It will ensure everyone is well behaved. Unfortunately, in all professions one is likely to find a few bad apples. But what makes this horrible too is the emotional, financial and physical distress it places on genuine couples and there seems to be nothing one can do.
wintersnow said:
Can anyone tell me, is their possibility that the officer might send us to full hearing if the applicant didn't have any interview before denying? As, i didn't have any interview before they refused my visa. I am really scared and anxious at this stage..
I totally agree with you SenoritaBella. I have that same problem with my case, my husband went for the interview and I went with him also. Some of the answers that are in the file are not the answers that he gave in the interview, I know because I was sitting right outside the room the interview was held in and I could hear all that my husband was saying. They really need to have a voice recording of all interviews so everyone will know exactly what questions were asked and answers given so that there would be no "he said, she said" in these cases.SenoritaBella said:
(1) You can ask the lawyer to let you know about his previous success on similar cases with reference of the clients.hoaphuong2013 said:
(2) Search net extensively by browsing related websites including the one you named.
(3) Put the names of your prospective lawyers on this forum and seek opinions from the members....,
Thanks Hassan.
I hope someone could help me with these questions:
1. will IAD base on the blue book and the refusal letter to decide on whether the ADR is granted ? Or they base on the document summary our lawyer sent ?
2. Will the lawyer play any part in our chance of ADR ? Can he/she negotiate with IAD for ADR ?
3. When will the lawyer submit the summary as well as evidences to IAD ?
4. On the appeal form, there is a box : Visa file no. Is that the applicant file no, the one shows on the applicant interview letter ?
5. If I don't have the counsel soon enough, I guess i will leave he second page of the appeal blank then except for the signature at the bottom.
Thanks again eveyone. Wish all of you lots of lucks with your case. I'm sorry if these questions have been answered before, I tried to check out the old posts as much as I can but still have not found the answer yet.
I hope someone could help me with these questions:
1. will IAD base on the blue book and the refusal letter to decide on whether the ADR is granted ? Or they base on the document summary our lawyer sent ?
2. Will the lawyer play any part in our chance of ADR ? Can he/she negotiate with IAD for ADR ?
3. When will the lawyer submit the summary as well as evidences to IAD ?
4. On the appeal form, there is a box : Visa file no. Is that the applicant file no, the one shows on the applicant interview letter ?
5. If I don't have the counsel soon enough, I guess i will leave he second page of the appeal blank then except for the signature at the bottom.
Thanks again eveyone. Wish all of you lots of lucks with your case. I'm sorry if these questions have been answered before, I tried to check out the old posts as much as I can but still have not found the answer yet.
hoaphuong2013 said:
1. IAD will consider the blue book and refusal letter when deciding if to give you ADR or full hearing. Note that ADR is given if they think that your case is not complicated and can be resolved rather quickly.
2. The lawyer can send a request to IAD asking for an ADR.
3. As soon as you receive the blue book, your lawyer has to request ADR and submit your evidences to IAD...but you can also gather more evidence in the meantime you are waiting for a date for ADR and once you get the date submit those evidence to IAD at least 20 days before you go for ADR.
4. I'm not sure about the visa file no.
5. Yes leave it blank and as soon as you find a lawyer, your lawyer will send them a fax that he/she is representing you.
The questions and answers below are to help you prepare for your appeal hearing. The following general information should not be taken as legal advice. Many sponsorship appeals regarding marriage first go through an Alternative Dispute Resolution (ADR) process. You will receive a letter about this if your appeal is chosen for this process. You will also receive a separate Appellant's Guide to ADR Conferences that will give you more information. In ADR, a dispute resolution officer (a member of the Immigration Appeal Division) will meet informally with you and the Minister's counsel to try to settle the appeal without a full hearing.
1. INTRODUCTION
Where will my appeal hearing take place?
Your appeal hearing will take place at the Immigration and Refugee Board (IRB). The IRB is an independent tribunal. It is not part of the Immigration department, also known as Citizenship and Immigration Canada (CIC), and it is not part of the Canada Border Services Agency (CBSA).
Who will decide my appeal?
A Member of the Immigration Appeal Division (IAD) of the Immigration and Refugee Board (IRB) will decide your appeal.
Who will be at my appeal hearing?
The IAD Member, who will decide your appeal, will be seated at the front of the hearing room. You (the appellant) will be there with or without your counsel, depending on whether you chose to have someone represent you. There will also be a Minister's counsel from the Canada Border Services Agency (CBSA) who may provide evidence, ask questions to you and other witnesses, and make arguments against your appeal. Any witnesses that you or the Minister's counsel bring to testify (give oral evidence) will also be at the hearing. An interpreter will be there for you or any of your witnesses, if you have asked for one. Members of the public are also allowed to attend.
Do I need someone to represent me in my appeal?
You do not have to have someone represent you, but you may if you think that this will help your appeal. There are often legal questions that need to be argued in the appeal and you need to make sure that your case is well supported by providing enough evidence. You should also know that the Minister's counsel will be at your hearing to question you and other witnesses, and make arguments against your appeal. If you have someone to represent you, such as a lawyer or a consultant, friend, relative, or trusted member of your community, that person must be available and prepared on the date of the appeal hearing.
Under a regulation in effect on June 30, 2011, if you choose to retain counsel who charges a fee or other consideration, the counsel must be a member in good standing of either a provincial law society, the Chambre des notaires du Québec, or the Immigration Consultants of Canada Regulatory Council (ICCRC). The IAD cannot allow any paid counsel who is not such a member to represent you in your appeal. If your counsel is an immigration consultant, their name should be on the ICCRC Internet website at http://www.iccrc-crcic.ca/home.cfm.
How will I know when my appeal hearing will take place?
You will receive a notice from the IAD to appear for the scheduling conference (Assignment Court). You and your counsel, if you have one, must be there on the date and at the time stated in this notice to appear. At that time, an IAD Member will ask questions, to make sure that your case is ready to be scheduled. If the Member is satisfied that your appeal is ready to be scheduled, you will be given the date and time for your appeal hearing.
What will happen if my counsel and I cannot appear on the appeal hearing date?
When an appeal hearing date is set, you must be ready for the hearing on that date. If you can not appear on that day, you may make an application in writing to change the date or time of your hearing. But you need very good reasons before an IAD Member will allow your application and make a change. This change in date or time is also called a postponement or an adjournment.
You must provide a copy of your application to the Minister's counsel. You must also provide your application to the IAD registry office, together with a statement of how and when you provided the copy to the Minister's counsel. The addresses for the IAD and CBSA/ CIC offices are in the letters or other notices that the IAD sends to you after you have made your appeal.
In your application (which may be written like a letter), you must:
Explain why you want to change the date or time of your hearing;
Say whether the Minister's counsel agrees to your request; and
Give at least six new dates on which you are available for your hearing. These six dates must be within a time period specified by the IAD - therefore, you should first contact the IAD registry office to find out which weeks or months the IAD has available for hearings.
The date or time of your hearing will be changed only for a very good reason. If you do not receive a decision from the IAD on your application to change the date or time of the hearing, or if the IAD refuses your application, you must appear on the scheduled hearing date and be prepared for your appeal hearing. If you do not appear, your appeal may be dismissed or declared to be abandoned.
If the Minister's counsel or the IAD registry office receives your application two working days or less before the scheduled hearing date, you must appear at your scheduled hearing. At that time, you may ask for a change in the date or time of your hearing but you should be prepared to go ahead that day if your application is denied.
2. PREPARING FOR YOUR APPEAL
What must I show to win my appeal?
To win your appeal, you must show that the refusal to approve your spouse's application is wrong in law or wrong in fact. That means that it is your responsibility to show that the visa officer made the wrong decision. It is your responsibility to show that your appeal should be allowed and not dismissed.
If the visa officer refused to issue a visa to your spouse because the officer believed that your marriage was not legal, then to win your appeal, you must show that it is a legal marriage in the country where you were married and in Canada. For example, you must show:
•The marriage law in the country where your marriage took place; and
•How you met the requirements of that law, as well as the marriage law in Canada.
If the reason for refusal was that the visa officer did not believe you had a genuine marriage, then you must show that your marriage is genuine or was not entered into primarily for the purpose of gaining any Canadian immigration status or benefit (this usually means getting permanent resident status for your spouse).
To decide this, the Member may consider evidence about:
•How you met your spouse and how your relationship developed;
•The circumstances of your engagement and marriage, including the knowledge and involvement of your families;
•What you did after you got married, including the contact you have had with your spouse;
•What you know about each other;
•What you plan for your future together; and
•Any other information that may help the Member decide your appeal.
There may be other reasons that the visa officer gives for refusing your spouse - the Immigration and Refugee Protection Regulations sets out some situations where a spouse will be seen as not belonging to the family class, and therefore not be able to be sponsored to Canada (see section 117(9) of the Immigration and Refugee Protection Regulations).
You should come prepared to deal with all of the reasons the visa officer gave for refusing your spouse's application. But the Minister's counsel or the IAD Member may also ask you questions about anything dealing with your marriage and your relationship with your spouse.
It is important to know that for sponsorship appeals of marriage cases, the IAD Member can only decide if the refusal is legal. The Member is not allowed to consider whether there are humanitarian and compassionate reasons for allowing your appeal.
Do I have to provide any documents for my hearing?
Documentary evidence can be very important in helping you win your appeal. If one of the issues in the appeal is whether your marriage is legal, you must give evidence about the marriage laws of the country where you were married, and that your marriage was legal. This may be done by with documents from an expert (such as a lawyer or other expert who knows the marriage laws of that country). If one of the issues in your appeal is whether your marriage is genuine, then you may provide documents such as letters, telephone bills, photographs, videocassettes, airline tickets, passports, receipts for gifts or money sent by either spouse, etc.
If you would like to provide documents, you must make two copies of each document (including any photographs or videocassettes). You must provide one copy to the Minister's counsel. You must also provide one copy to the IAD registry office, together with a statement of how and when you provided the documents to the Minister's counsel. The addresses of the IAD and CBSA/ CIC offices are in the letters or other notices that the IAD sends to you after you have filed your appeal. The documents must be received no later than 20 days before the hearing.
Before your hearing, the Minister's counsel will have provided you and the IAD with the appeal record. These are the documents in the CBSA/ CIC file that are related to your appeal. The Minister's counsel may also provide other documents for the hearing, no later than 20 days before the hearing. You have a chance to provide documents in response to the documents from the Minister's counsel - these documents must be received no later than 10 days before the hearing. This exchange of documents is called "disclosure." If you or the Minister's counsel do not disclose documents properly, then those documents cannot be used at the hearing unless the IAD Member allows this to be done.
If your documents are not in English or French, they must be translated. The translations and a translator's declaration must be provided together with the copies of the documents to the IAD and to the Minister's counsel. The translator's declaration must include:
•the translator's name,
•the language translated and
•a statement signed by the translator that the translation is accurate.
Even if you have provided copies of your documents before the hearing, you should bring the original documents to the hearing if you have them.
Can I bring witnesses?
You may bring witnesses to your hearing if you think this will help your appeal. Witnesses must be prepared to answer questions at your hearing (this is called testifying or giving testimony).
No later than 20 days before the hearing, you must provide certain information regarding your witness to the IAD and the Minister's counsel. In writing, you must:
•state the witness's contact information (address, and telephone and fax numbers),
•how long the testimony will take,
•your relationship to the witness, and
•whether you want the witness to testify in person, by videoconference or by telephone.
If the witness is an expert, you must also include a report signed by the expert giving their qualifications and summarizing their evidence.
If you do not properly provide the witness information, the witness will not be able to testify unless the IAD Member allows the witness to testify.
It is your responsibility to make sure your witness or witnesses appear at your appeal hearing. To make sure that your witness will appear, you may ask the IAD registry office for a summons, which is an IAD order to appear at the hearing that the witness must obey. There are special rules for providing a summons to a witness, along with witness fees and travel expenses - for further information, contact the IAD registry office.
What if I need an interpreter?
If you or any of your witnesses need an interpreter, you must notify the IAD registry office either in writing no later than 20 days before your appeal hearing, or in person at the scheduling conference (Assignment Court). You must indicate the language and dialect (if any) that you or your witness needs. The IAD will provide an interpreter for your hearing at no cost to you.
What if my witness is not in Canada?
If your spouse or any other witness is in another country, you may ask the IAD Member to allow that witness to testify at your appeal hearing by telephone. You must tell the IAD before the appeal hearing, and you must make sure that your witness can be reached by telephone at the time of your hearing. Since you must pay for the call, you must bring a calling card from your telephone company that you can use to charge the call to a telephone number, or bring a reliable long distance phone card. Note that the IAD will not allow you to use any phone card with less than two hours' international calling time available. Also, some companies' calling cards may not work very well, and if there are problems, the IAD Member might decide to go ahead without hearing from your witness.
3. YOUR APPEAL HEARING
What will happen at my appeal hearing?
a.You will testify
If you have counsel, your counsel will begin by asking you questions so that you can give evidence related to your appeal. Before testifying, the IAD Member will ask witnesses to affirm (that is, solemnly promise) that they will tell the truth. Witnesses (including you as the appellant) who do not want to affirm but instead want to swear an oath to tell the truth should bring their own holy book. If you do not have counsel, you may tell the IAD Member what you think is important or you may ask the Member to ask you questions that the Member thinks are needed to decide your appeal. The Minister's counsel will also question you on the evidence that you have given at the hearing because the Minister's counsel is there to argue against your appeal.
b.Witnesses will testify
After your testimony, any witnesses you have will testify. This may include your spouse or relative testifying by telephone from another country. Any witness you bring to the hearing will usually be asked to stay in the waiting room and not join the hearing until after you have testified. The witness then will be called to answer questions. Your counsel may question the witness or, if you do not have counsel, you may question the witness or ask the IAD Member to do so. The Minister's counsel will also be able to question the witness and can also bring witnesses to testify. You have the right to question any witnesses brought by the Minister's counsel.
c.Arguments will be made
After you and the witness or witnesses have testified, the IAD Member will ask you or your counsel to make the arguments or submissions in your case (explain why you think the evidence shows that the Member should allow the appeal). The Minister's counsel will also be asked whether he or she thinks you have proven your case. You will then be asked to respond to the submission of the Minister's counsel.
When will I know the decision in my appeal?
The IAD Member may be able to decide your appeal and give reasons for the decision at the end of the hearing. If not, the Member will tell you that the decision and reasons will be sent to you by mail at a later date, usually no later than 90 days after the hearing.
4. MORE INFORMATION
If you would like more information, you may use the IRB's Internet Web site at www.irb-cisr.gc.ca
1. INTRODUCTION
Where will my appeal hearing take place?
Your appeal hearing will take place at the Immigration and Refugee Board (IRB). The IRB is an independent tribunal. It is not part of the Immigration department, also known as Citizenship and Immigration Canada (CIC), and it is not part of the Canada Border Services Agency (CBSA).
Who will decide my appeal?
A Member of the Immigration Appeal Division (IAD) of the Immigration and Refugee Board (IRB) will decide your appeal.
Who will be at my appeal hearing?
The IAD Member, who will decide your appeal, will be seated at the front of the hearing room. You (the appellant) will be there with or without your counsel, depending on whether you chose to have someone represent you. There will also be a Minister's counsel from the Canada Border Services Agency (CBSA) who may provide evidence, ask questions to you and other witnesses, and make arguments against your appeal. Any witnesses that you or the Minister's counsel bring to testify (give oral evidence) will also be at the hearing. An interpreter will be there for you or any of your witnesses, if you have asked for one. Members of the public are also allowed to attend.
Do I need someone to represent me in my appeal?
You do not have to have someone represent you, but you may if you think that this will help your appeal. There are often legal questions that need to be argued in the appeal and you need to make sure that your case is well supported by providing enough evidence. You should also know that the Minister's counsel will be at your hearing to question you and other witnesses, and make arguments against your appeal. If you have someone to represent you, such as a lawyer or a consultant, friend, relative, or trusted member of your community, that person must be available and prepared on the date of the appeal hearing.
Under a regulation in effect on June 30, 2011, if you choose to retain counsel who charges a fee or other consideration, the counsel must be a member in good standing of either a provincial law society, the Chambre des notaires du Québec, or the Immigration Consultants of Canada Regulatory Council (ICCRC). The IAD cannot allow any paid counsel who is not such a member to represent you in your appeal. If your counsel is an immigration consultant, their name should be on the ICCRC Internet website at http://www.iccrc-crcic.ca/home.cfm.
How will I know when my appeal hearing will take place?
You will receive a notice from the IAD to appear for the scheduling conference (Assignment Court). You and your counsel, if you have one, must be there on the date and at the time stated in this notice to appear. At that time, an IAD Member will ask questions, to make sure that your case is ready to be scheduled. If the Member is satisfied that your appeal is ready to be scheduled, you will be given the date and time for your appeal hearing.
What will happen if my counsel and I cannot appear on the appeal hearing date?
When an appeal hearing date is set, you must be ready for the hearing on that date. If you can not appear on that day, you may make an application in writing to change the date or time of your hearing. But you need very good reasons before an IAD Member will allow your application and make a change. This change in date or time is also called a postponement or an adjournment.
You must provide a copy of your application to the Minister's counsel. You must also provide your application to the IAD registry office, together with a statement of how and when you provided the copy to the Minister's counsel. The addresses for the IAD and CBSA/ CIC offices are in the letters or other notices that the IAD sends to you after you have made your appeal.
In your application (which may be written like a letter), you must:
Explain why you want to change the date or time of your hearing;
Say whether the Minister's counsel agrees to your request; and
Give at least six new dates on which you are available for your hearing. These six dates must be within a time period specified by the IAD - therefore, you should first contact the IAD registry office to find out which weeks or months the IAD has available for hearings.
The date or time of your hearing will be changed only for a very good reason. If you do not receive a decision from the IAD on your application to change the date or time of the hearing, or if the IAD refuses your application, you must appear on the scheduled hearing date and be prepared for your appeal hearing. If you do not appear, your appeal may be dismissed or declared to be abandoned.
If the Minister's counsel or the IAD registry office receives your application two working days or less before the scheduled hearing date, you must appear at your scheduled hearing. At that time, you may ask for a change in the date or time of your hearing but you should be prepared to go ahead that day if your application is denied.
2. PREPARING FOR YOUR APPEAL
What must I show to win my appeal?
To win your appeal, you must show that the refusal to approve your spouse's application is wrong in law or wrong in fact. That means that it is your responsibility to show that the visa officer made the wrong decision. It is your responsibility to show that your appeal should be allowed and not dismissed.
If the visa officer refused to issue a visa to your spouse because the officer believed that your marriage was not legal, then to win your appeal, you must show that it is a legal marriage in the country where you were married and in Canada. For example, you must show:
•The marriage law in the country where your marriage took place; and
•How you met the requirements of that law, as well as the marriage law in Canada.
If the reason for refusal was that the visa officer did not believe you had a genuine marriage, then you must show that your marriage is genuine or was not entered into primarily for the purpose of gaining any Canadian immigration status or benefit (this usually means getting permanent resident status for your spouse).
To decide this, the Member may consider evidence about:
•How you met your spouse and how your relationship developed;
•The circumstances of your engagement and marriage, including the knowledge and involvement of your families;
•What you did after you got married, including the contact you have had with your spouse;
•What you know about each other;
•What you plan for your future together; and
•Any other information that may help the Member decide your appeal.
There may be other reasons that the visa officer gives for refusing your spouse - the Immigration and Refugee Protection Regulations sets out some situations where a spouse will be seen as not belonging to the family class, and therefore not be able to be sponsored to Canada (see section 117(9) of the Immigration and Refugee Protection Regulations).
You should come prepared to deal with all of the reasons the visa officer gave for refusing your spouse's application. But the Minister's counsel or the IAD Member may also ask you questions about anything dealing with your marriage and your relationship with your spouse.
It is important to know that for sponsorship appeals of marriage cases, the IAD Member can only decide if the refusal is legal. The Member is not allowed to consider whether there are humanitarian and compassionate reasons for allowing your appeal.
Do I have to provide any documents for my hearing?
Documentary evidence can be very important in helping you win your appeal. If one of the issues in the appeal is whether your marriage is legal, you must give evidence about the marriage laws of the country where you were married, and that your marriage was legal. This may be done by with documents from an expert (such as a lawyer or other expert who knows the marriage laws of that country). If one of the issues in your appeal is whether your marriage is genuine, then you may provide documents such as letters, telephone bills, photographs, videocassettes, airline tickets, passports, receipts for gifts or money sent by either spouse, etc.
If you would like to provide documents, you must make two copies of each document (including any photographs or videocassettes). You must provide one copy to the Minister's counsel. You must also provide one copy to the IAD registry office, together with a statement of how and when you provided the documents to the Minister's counsel. The addresses of the IAD and CBSA/ CIC offices are in the letters or other notices that the IAD sends to you after you have filed your appeal. The documents must be received no later than 20 days before the hearing.
Before your hearing, the Minister's counsel will have provided you and the IAD with the appeal record. These are the documents in the CBSA/ CIC file that are related to your appeal. The Minister's counsel may also provide other documents for the hearing, no later than 20 days before the hearing. You have a chance to provide documents in response to the documents from the Minister's counsel - these documents must be received no later than 10 days before the hearing. This exchange of documents is called "disclosure." If you or the Minister's counsel do not disclose documents properly, then those documents cannot be used at the hearing unless the IAD Member allows this to be done.
If your documents are not in English or French, they must be translated. The translations and a translator's declaration must be provided together with the copies of the documents to the IAD and to the Minister's counsel. The translator's declaration must include:
•the translator's name,
•the language translated and
•a statement signed by the translator that the translation is accurate.
Even if you have provided copies of your documents before the hearing, you should bring the original documents to the hearing if you have them.
Can I bring witnesses?
You may bring witnesses to your hearing if you think this will help your appeal. Witnesses must be prepared to answer questions at your hearing (this is called testifying or giving testimony).
No later than 20 days before the hearing, you must provide certain information regarding your witness to the IAD and the Minister's counsel. In writing, you must:
•state the witness's contact information (address, and telephone and fax numbers),
•how long the testimony will take,
•your relationship to the witness, and
•whether you want the witness to testify in person, by videoconference or by telephone.
If the witness is an expert, you must also include a report signed by the expert giving their qualifications and summarizing their evidence.
If you do not properly provide the witness information, the witness will not be able to testify unless the IAD Member allows the witness to testify.
It is your responsibility to make sure your witness or witnesses appear at your appeal hearing. To make sure that your witness will appear, you may ask the IAD registry office for a summons, which is an IAD order to appear at the hearing that the witness must obey. There are special rules for providing a summons to a witness, along with witness fees and travel expenses - for further information, contact the IAD registry office.
What if I need an interpreter?
If you or any of your witnesses need an interpreter, you must notify the IAD registry office either in writing no later than 20 days before your appeal hearing, or in person at the scheduling conference (Assignment Court). You must indicate the language and dialect (if any) that you or your witness needs. The IAD will provide an interpreter for your hearing at no cost to you.
What if my witness is not in Canada?
If your spouse or any other witness is in another country, you may ask the IAD Member to allow that witness to testify at your appeal hearing by telephone. You must tell the IAD before the appeal hearing, and you must make sure that your witness can be reached by telephone at the time of your hearing. Since you must pay for the call, you must bring a calling card from your telephone company that you can use to charge the call to a telephone number, or bring a reliable long distance phone card. Note that the IAD will not allow you to use any phone card with less than two hours' international calling time available. Also, some companies' calling cards may not work very well, and if there are problems, the IAD Member might decide to go ahead without hearing from your witness.
3. YOUR APPEAL HEARING
What will happen at my appeal hearing?
a.You will testify
If you have counsel, your counsel will begin by asking you questions so that you can give evidence related to your appeal. Before testifying, the IAD Member will ask witnesses to affirm (that is, solemnly promise) that they will tell the truth. Witnesses (including you as the appellant) who do not want to affirm but instead want to swear an oath to tell the truth should bring their own holy book. If you do not have counsel, you may tell the IAD Member what you think is important or you may ask the Member to ask you questions that the Member thinks are needed to decide your appeal. The Minister's counsel will also question you on the evidence that you have given at the hearing because the Minister's counsel is there to argue against your appeal.
b.Witnesses will testify
After your testimony, any witnesses you have will testify. This may include your spouse or relative testifying by telephone from another country. Any witness you bring to the hearing will usually be asked to stay in the waiting room and not join the hearing until after you have testified. The witness then will be called to answer questions. Your counsel may question the witness or, if you do not have counsel, you may question the witness or ask the IAD Member to do so. The Minister's counsel will also be able to question the witness and can also bring witnesses to testify. You have the right to question any witnesses brought by the Minister's counsel.
c.Arguments will be made
After you and the witness or witnesses have testified, the IAD Member will ask you or your counsel to make the arguments or submissions in your case (explain why you think the evidence shows that the Member should allow the appeal). The Minister's counsel will also be asked whether he or she thinks you have proven your case. You will then be asked to respond to the submission of the Minister's counsel.
When will I know the decision in my appeal?
The IAD Member may be able to decide your appeal and give reasons for the decision at the end of the hearing. If not, the Member will tell you that the decision and reasons will be sent to you by mail at a later date, usually no later than 90 days after the hearing.
4. MORE INFORMATION
If you would like more information, you may use the IRB's Internet Web site at www.irb-cisr.gc.ca
An Alternative Dispute Resolution ( ADR) Conference is not a regular appeal hearing. It is an informal meeting between you and an official from Canada Border Services Agency, who is referred to as Minister's counsel. Minister's counsel represents the Minister of Citizenship and Immigration Canada ( CIC). A Dispute Resolution Officer ( DRO) from the Immigration Appeal Division ( IAD) will work with the Minister's counsel and you to try to resolve your case simply, quickly, and fairly. If the case is resolved through the ADR Conference, a hearing will not be needed. An ADR can be resolved through the Minister consenting to your case or, alternatively, you may decide to withdraw your appeal.
You must attend the ADR Conference in person at the scheduled time. A lawyer, an immigration consultant, or someone else who is assisting you, can attend with you if you wish. Attending the ADR Conference will be:
you (and anyone who is representing you);
Minister's counsel, and
the DRO, who is a tribunal officer or a member of the IAD.
After reviewing your file and meeting with you at the ADR Conference, Minister's counsel may agree that your appeal should be settled in your favour. If Minister's counsel does not agree to settle in your favour, you may decide to withdraw your appeal or proceed to a hearing. The DRO will guide the meeting and encourage the parties to share information but will not decide the result.
Re-read the refusal letter and the notes from the interview with the visa officer, and be prepared to tell the Minister's counsel and DRO why you think your appeal should be allowed. This could include any mistakes you believe were made in handling your case, why it is important to have your spouse join you in Canada, or any special circumstances in your case. If you plan to refer to any written information or documents that are not already in the file, you must provide them to Minister's counsel and the DRO no later than 20 days before the ADR Conference.
You must attend the ADR Conference in person at the scheduled time. A lawyer, an immigration consultant, or someone else who is assisting you, can attend with you if you wish. Attending the ADR Conference will be:
you (and anyone who is representing you);
Minister's counsel, and
the DRO, who is a tribunal officer or a member of the IAD.
After reviewing your file and meeting with you at the ADR Conference, Minister's counsel may agree that your appeal should be settled in your favour. If Minister's counsel does not agree to settle in your favour, you may decide to withdraw your appeal or proceed to a hearing. The DRO will guide the meeting and encourage the parties to share information but will not decide the result.
Re-read the refusal letter and the notes from the interview with the visa officer, and be prepared to tell the Minister's counsel and DRO why you think your appeal should be allowed. This could include any mistakes you believe were made in handling your case, why it is important to have your spouse join you in Canada, or any special circumstances in your case. If you plan to refer to any written information or documents that are not already in the file, you must provide them to Minister's counsel and the DRO no later than 20 days before the ADR Conference.
Hello Mrs S, are you hanging on while waiting for the ADR date 
. Thank you so much for always posting helpful information and guiding the new members like myself. Looking at my proof, I'm so worry as I never have time stamp on my pictures, so they might not know when they are taken. Also, we talked a lot on Skype, at least 2 hours each day, but we don't write anything in email or Skype, we only sent some quick note to let other know if one is available, or busy so he does not wait for me or vice versa. However I have a lot of pictures as I have visited my hubby 5 times since we know each other. I'm wondering if I have to have some caption to explain who is in the pic ? When you send your pics, do you put them in the albums ?
. Thank you so much for always posting helpful information and guiding the new members like myself. Looking at my proof, I'm so worry as I never have time stamp on my pictures, so they might not know when they are taken. Also, we talked a lot on Skype, at least 2 hours each day, but we don't write anything in email or Skype, we only sent some quick note to let other know if one is available, or busy so he does not wait for me or vice versa. However I have a lot of pictures as I have visited my hubby 5 times since we know each other. I'm wondering if I have to have some caption to explain who is in the pic ? When you send your pics, do you put them in the albums ?My lawyer made sure to put captions for the pictures when she prepared my file. You don't need to put them in albums. You will have to prepare 3 copies of everything so you should scan your photos. Printing in black and white is fine.hoaphuong2013 said:Hello Mrs S, are you hanging on while waiting for the ADR date
Skype should have a history of when the call started and when it ended. You can use that if it's all you have.
hi actually i am in the same boat.. my husband added me in his PR appliaction because we got married this year march 2015 and he alrdy rcvd his PNP septmbr 2014.So he added me in his application in april and after that at the end of april we got an email asking for my medical and PCC and one more email after a day or two for paying landing fees.
We submitted our all the docs and medical on JUNE1,2015 . Bt all i want to know is will we get a new tracking id or we have to chck it through my husband PR file no. and even status is stil the same from the time my husband submitted his medical i.e "medical has been received "
please anybody suggest that what to do and how
We submitted our all the docs and medical on JUNE1,2015 . Bt all i want to know is will we get a new tracking id or we have to chck it through my husband PR file no. and even status is stil the same from the time my husband submitted his medical i.e "medical has been received "
please anybody suggest that what to do and how