ALL SPOUSE APPEAL CASES COME HERE AND JOIN US PLZ

[MichelleJLL]

Hey guys, new to this thread...been on this board for over 4 years though.
Long story short. I am sponsor and hubby is from Australia. Minor criminality in Canada.
First filed inland app...refused 2013
Second filed outland app ... refused Oct 2015
Appealed and asked for ADR ... Jan 2016
Just won appeal...Minister consented by paper hearing 2 days ago. H&C considerations!!! (We have 3 children)
After 4.5 long years...

What happens now? I keep hearing our file might go to Ottawa, or will it go to Australia?
Does it jump to the front of the queue or to the end?

Hubby is in Canada on a TRP and a Work Permit (has been for 4 years) keep extending. This current one expires mid June 2016. Which would mean I would have to apply again for a 5th extension if all of this isn't done by mid-May.

Should I send hubby for a medical and stuff or just wait for them to request it?

Thanks in advance

If you don't mind me asking..what was the minor criminal issue? my case is simalar so I am trying to find as much information about the criminal inadmissability aspect of appeal... what was it like when you went to court? What information was presented & discussed..?

 

[wintersnow]

We had the hearing on January 12. They told the decision would be made within one month. But we have not getten it by now. You may check the Federal court's webset, the latest decision is released every day.

I think the CANLII site is only for judicial review cases. At least that is what my consultant told me. We had our appeal in January and I do not see our case on this site.

 

[Jbguerchuk]

Hi! We sent our appeal letter last march 16,2016 in Vancouver board of appeal.Anyone knows how long to wait for confirmation or acknowledgement letter that our appeal is allowed?
Thank you

 

[Clear Beauty]

Hi! We sent our appeal letter last march 16,2016 in Vancouver board of appeal.Anyone knows how long to wait for confirmation or acknowledgement letter that our appeal is allowed?
Thank you

I sent my appeal request to Vancouver CIC March 7th. It was confirmed by mail April 7th.

 

[Clear Beauty]

Wintersnow, I wish I knew what law firm you used in Vancouver.
I wonder what reason your application was rejected, because I am trying to determine how to counter their non-genuine marriage accusation. I checked some of your previous posts where you explain the VO's comments shown in your information requests. Their basis of rejection is similar, being internet relationship, brief courtship etc. Was there also criticism of your translated communications?
I am definitely going to require representation for the appeal.

After I read the transcript of my wife's March 3 2016 interview, I see where the VO had good opportunity to reject our application.
There were 3 issues I suspect doomed the application:
(1) In 1994 my wife conspired with her sister to falsify information on the birth certificate of her fatherless child to enable the kid to have a proper family identity on the household registry. Government agency workers hate seeing people who can pull stunts like this.
(2) I made the fatal mistake of giving our 700 pages of Chat records in Chinese language, not English. The VO discarded the chat evidence immediately .
(3) My wife is totally bored about the details of my life in Canada. There was almost nothing my wife could describe of my personal life in Canada. She could not describe almost nothing to the VO.

 

[WaitingSince2012]

Please help.. We have been waiting over 5 years and counting... Feeling empty and heartbroken and can not seem to find the answers.

I am sponsoring my husband from Jamaica who I met in 2010. We married in March 2012. I have been to Jamaica every 2-3 months since we have been married and its becoming heartbreaking and unbearable when I leave.

We were accepted for me sponsoring in July 2012. Sent to Embassy in Kingston, JA. We were denied in September 2014 due to criminal inadmissability.

My husband has a clear criminal record, and he always has. He paid a fine for a pocket knife (which is illegal in Jamaica, but not in Canada as long as it is manual and under 6'') Therefore, he wasn't even criminally inadmissable. We had a criminal lawyer do up a letter in regards to our case, which she has a firm stance that the fine he paid is not comparable in Canada, and therefore would not be valid to grant him inadmissable given the circumstances of his fine. We have had an immigration lawyer throughout our entire case as well.

We submitted for Appeal and Rehabilitation in September 2014... and have not heard anything to date. Can someone please help me get some awnsers.....please explain the appeal and rehabilitation and when we can expect these things to come through.... How does appeal work??? When we go to court what can we expect?? Please..please..please. I feel helpless and do not know where to turn for awnsers.

It depends on which city you are appealing from. If it in Toronto it will take approximately 2 years to get a hearing date. If it is Vancouver it will be less. You can call the IAD office and asked for an update on your file or if they can give you the number for the IO dealing with your case. You can also contact your local MP to get info on your case.

Basically when you go to court you just have to argue on the points they turn you down on. Whatever they based their decision on.

 

[Clear Beauty]

Need Help Guys

For Appealing the case, Sponsor needs to be Physically in Canada or Lawyer/consultant can submit Appeal on the behalf of client ( Sponsor ) .

I also ask for members who might know the facts whether Appeal appearances can be attended only with a sponsor's representative?

I am lost working in the north. Months of preparation are needed to allow my appearance in Vancouver.

 

[sumu28]

Wintersnow, I wish I knew what law firm you used in Vancouver.
I wonder what reason your application was rejected, because I am trying to determine how to counter their non-genuine marriage accusation. I checked some of your previous posts where you explain the VO's comments shown in your information requests. Their basis of rejection is similar, being internet relationship, brief courtship etc. Was there also criticism of your translated communications?
I am definitely going to require representation for the appeal.

After I read the transcript of my wife's March 3 2016 interview, I see where the VO had good opportunity to reject our application.
There were 3 issues I suspect doomed the application:
(1) In 1994 my wife conspired with her sister to falsify information on the birth certificate of her fatherless child to enable the kid to have a proper family identity on the household registry. Government agency workers hate seeing people who can pull stunts like this.
(2) I made the fatal mistake of giving our 700 pages of Chat records in Chinese language, not English. The VO discarded the chat evidence immediately .
(3) My wife is totally bored about the details of my life in Canada. There was almost nothing my wife could describe of my personal life in Canada. She could not describe almost nothing to the VO.

when you got refusal letter from Singapore ? after interview
what is your recent cic application status? if it is "decision made" than if click it than what they said about your application ?
take care

 

[WaitingSince2012]

I also ask for members who might know the facts whether Appeal appearances can be attended only with a sponsor's representative?

I am lost working in the north. Months of preparation are needed to allow my appearance in Vancouver.

I know in Toronto they give you about 2 months notice. Not sure how it works in Vancouver! I do not believe your representative can go to court without you since you are the one appealing, but I could be wrong.

 

[wintersnow]

Wintersnow, I wish I knew what law firm you used in Vancouver.
I wonder what reason your application was rejected, because I am trying to determine how to counter their non-genuine marriage accusation. I checked some of your previous posts where you explain the VO's comments shown in your information requests. Their basis of rejection is similar, being internet relationship, brief courtship etc. Was there also criticism of your translated communications?
I am definitely going to require representation for the appeal.

After I read the transcript of my wife's March 3 2016 interview, I see where the VO had good opportunity to reject our application.
There were 3 issues I suspect doomed the application:
(1) In 1994 my wife conspired with her sister to falsify information on the birth certificate of her fatherless child to enable the kid to have a proper family identity on the household registry. Government agency workers hate seeing people who can pull stunts like this.
(2) I made the fatal mistake of giving our 700 pages of Chat records in Chinese language, not English. The VO discarded the chat evidence immediately .
(3) My wife is totally bored about the details of my life in Canada. There was almost nothing my wife could describe of my personal life in Canada. She could not describe almost nothing to the VO.

The VO in our case did not even look at the additional evidence my wife brought to the interview. But, yes, the evidence must be in English. Make sure you translate this for the appeal. I assume you have a digital copy of this chat history. Just run it through a document translator. I used the one embedded in MS Word. I had to break the document into parts because it was too big. You can also google for other options.

At the ADR and the hearing, the Minister's Counsel and Judge had no problem accepting the translated chat history as evidence.

As far as your first point, ya it does not look good they tried to falsify the records. I don't know why she would even try. My wife has a fatherless child too and it did not seem to be a problem. But, in my mind, it's not that serious but you will have to have a good case to explain this.

As far as your wife not knowing much about your life in Canada ... you would be surprised. The questions the VO asked at our interview were ridiculous. Things like what sports I watch, what I do in my spare time, etc. You only know these answers after you actually live in the country with your spouse. However, my wife knows about things that make up who I am. That is what is important.

You will still want to make sure your wife knows the basics about your life in Canada. Things that you more naturally talk about ... like how many brothers and sisters, their age, where you live, your work, how much money you make, do you own a house, etc.

I will PM you info on the lawyer.

 

[livelife13]

We had the hearing on January 12. They told the decision would be made within one month. But we have not getten it by now. You may check the Federal court's webset, the latest decision is released every day.

hope for the best hopefully soon

 

[livelife13]

hi i am new on this site i had my full hearing on 21 march 2016
and they gave me 60 days for answer did it happen someone else as well
and what was the result. how many days did it took to get there reply
i applied my husband in 2012
his interview in december 2013
refused 1 week later
had ADR in 2014 september
full hearing on 21st march
i am so scared now

 

[asadtoronto]

Hi Folks,

I have a question about form 5669E. My answer should be "NO" for following question even after wining our appeal in IAD. Please confirm it.

Schedule A: A separate and newly completed Schedule A Background Declaration form (IMM 5669) bearing an original signature Updated form required.

d) been refused refugee status, an immigrant or permanent resident visa...... No

Thank you,
Regards,

 

[sumu28]

Wintersnow, I wish I knew what law firm you used in Vancouver.
I wonder what reason your application was rejected, because I am trying to determine how to counter their non-genuine marriage accusation. I checked some of your previous posts where you explain the VO's comments shown in your information requests. Their basis of rejection is similar, being internet relationship, brief courtship etc. Was there also criticism of your translated communications?
I am definitely going to require representation for the appeal.

After I read the transcript of my wife's March 3 2016 interview, I see where the VO had good opportunity to reject our application.
There were 3 issues I suspect doomed the application:
(1) In 1994 my wife conspired with her sister to falsify information on the birth certificate of her fatherless child to enable the kid to have a proper family identity on the household registry. Government agency workers hate seeing people who can pull stunts like this.
(2) I made the fatal mistake of giving our 700 pages of Chat records in Chinese language, not English. The VO discarded the chat evidence immediately .
(3) My wife is totally bored about the details of my life in Canada. There was almost nothing my wife could describe of my personal life in Canada. She could not describe almost nothing to the VO.

m




when you got know that u got refuse after interview?

 

[Jbguerchuk]

I sent my appeal request to Vancouver CIC March 7th. It was confirmed by mail April 7th.

It's 1 month for you. We sent my appeal march 16 unti now no update. :'(
Do u think there anyways to know their confirmation? Your visa office also Hong Kong same month of interview.