ALL SPOUSE APPEAL CASES COME HERE AND JOIN US PLZ

[Lenchik]

Thanks, lenchik hope you will get any good news on 15th, JAN 2014.

thank you, but why Jan15th?

 

[cher43]

If you are not happy with the decision, you may apply to the Federal Court for judicial review. However, you must first ask for the Court’s permission, and in most cases, the Court does not grant permission. Therefore, it is very important for you to present your case as best as possible at the appeal hearing. The more evidence you could provide the better.

On the other hand, if you win at the IAD, the Minister’s Counsel may also try to challenge the decision at the Federal Court. You should get legal advice if you are in that situation as the Court process is quite complex.

Often someone who has lost an immigration case will talk about “appealing” an immigration decision to the Federal Court. Actually, the Federal Court does not hear “appeals” from immigration decisions. A “judicial review” is different from an appeal. If a person has the right to appeal, usually this means at the appeal hearing the person has a chance to present all the facts – and even bring in new facts – as well as arguments in support of his or her case. In a judicial review, the Court will usually consider the merits of the case based only on the information that had already been presented to the immigration authorities, and the applicant has to show that some legal errors had been made in the case. The Court will not let you win the case even though the judge may disagree with the initial decision.

 

[glass]

Does Adr cost additional money?

 

[cher43]

no it doesnt unless you hire a lawyer or immigration consultant lawyers are more expensive

 

[sunshinemrc]

is the below information correct? I'm not sure if I am understanding this correctly, but if you lose an appeal (ADR or full hearing), unless there is new information even if one re-applies, it would be refused on the same basis as this first application.


Appeal

Once an appeal has been filed, the Minister of Citizenship and Immigration Canada must submit a complete copy of the file (called the “Record”) to the sponsor within 120 days. The Immigration Appeal Division will then decide if the case can be settled within an Alternative Dispute Resolution (ADR) Conference. The scheduling of an ADR is currently about 3-6 months within receipt of the Record. If the file is not determined suitable for an ADR, it will proceed to a full appeal hearing which can currently take about 1 year and a half for scheduling.

Re-Apply

Once a spousal sponsorship has been refused, the couple can always re-apply. Of course, immigration will have on file the previous refusal and it is crucial to point out and explain discrepancies which were in the previous application.

Appeal or Re-Apply?

It is important to clearly understand the impact of appealing or re-applying following a refusal. Should the appeal option be chosen, the couple must understand that losing the appeal will result in the following: unless a new fact arises in the file, the sponsor may no longer sponsor his/her spouse ever again given that the Immigration Appeal Division has already decided on this matter. This is called res judicata.

It is recommended to only appeal if the spousal sponsorship application was prepared properly and contained all relevant documents and information. Many people submit incomplete applications and this results in a refusal. These cases should not be appealed and should instead result in a re-application. Re-applying has a much fast processing time (usually between 6-12 months depending on the country) versus an appeal which can take over a year. Should the second application be refused, the sponsor will always have the option of appealing that refusal. However, if the application was submitted adequately and the refusal contains obvious errors, then an appeal might be the best option.

Before deciding on appealing a refusal of a spousal sponsorship application or re-applying, ensure you consult with an immigration lawyer to clearly understand both avenues.

 

[cher43]

Going through this myself i lost my adr just got confirmation again today if i go to full hearing and lose than i can never sponsor my husband again and federal courts do not choose to do immigration matters So i am giving this another try more proofs and more visits i may be refused again but i want to try

 

[yousef40]

helow every one here Is there one here lost apeal ?because We will go to apeal
We no difference in age And my wife got the Blue Book In July Even today we do not get a new We have more than four years relationship I want to i know anybody lost apeal and i need to know if the ages deffrent is a problem because The reason for the refusal was different age and there was a distortion of facts She had put some words of things about me in an interview i didnt say it she said i got married just for come to canada she didnt look at proofs or email talk even my wife she was with me 3 months and i have 8 months after refus visa my wife she want come to visit me again my friend i want to know what best for apeal now thankx for every one here and good luck for all

 

[takingsolong]

Hi,
Our consultant name is Sadara singh chera
and here

Hi Ankit

Did you lawyer mention why the IAD requested December or March for your hearing date? Are they not coming back to Winnipeg until them

Is there way to find out when a IAD member is coming to your province?

 

[Ankit_Sonam]

Hi Ankit

Did you lawyer mention why the IAD requested December or March for your hearing date? Are they not coming back to Winnipeg until them

Is there way to find out when a IAD member is coming to your province?

Hi,

They called our consultant and told him that the dates are available for december or march. They only come to winnipeg once a month. If you don't mind me asking you what is situation about ur case?

 

[Ankit_Sonam]

Hi guys,

Does anyone know what happens after winning the full hearing appeal? Can i do my medicals and police checks or should i wait for letter from IRB/ CHC.

Thanks
Ankit_Sonam

 

[takingsolong]

Hi,

They called our consultant and told him that the dates are available for december or march. They only come to winnipeg once a month. If you don't mind me asking you what is situation about ur case?

My husband is in India and we were refused in jul 2012 for marriage no being genuine. We have been waiting for an appeal date since then. We have a son together now and this waiting is endless. Well I guess it's good that they atleast come once a month. This process is so hard.
Thanks for you help!

 

[Hello121]

Waiting..waiting..waiting...

 

[hilsten]

Here some people are disscusiing about consultant ... please don't go with any consultant ...
Better to hire lawyer ... My simple case was ruin by consultant .. they will happily take your money and never get back to you ... Lawyer is bit costly but if you hire some good named lawyer ... result can be in your side .... atleast they will respond you well .. coz their name is added to it ... as per my experience .. CIC give some attention to Lawyer ... not consultant ..

Consultant means --- A immigrant who didn't get a job in Canada ... just start filling form for people coz that job can be done by anyone ...ABCD...

More you don't need lawyer or consultant to win the appeal ... you can win your case without anyone if there is small red flag like "Marriage for convenience" .. its common... I am on this site from last one year and saw so many people win their case by their won...

I had hired lawyer after my refusal ... and i won my case but seriously believe i could have won my case by own ... I did my all paper by own ... lawyer just prepare me for interview which was very helpful for sure ... this website is blessing ... so many people share their exp ....

BTW ... My case was ruin by "Deshi" consultant ... Biggest mistake of my life ... cann't forget that time when I took that decision ...

 

[inlimbo]

Our full hearing lasted almost 4 hours. It was close to 5:00 pm and the judge said we had to stop. Since we did not have enough time, the judge suggested that our consultant and the Ministry's counsel wrote each a report. Our consultant had to write her report first and submit it. Then, the Ministry's counsel would write a report based on her report. From the beginning of our hearing, we could tell the Ministry's counsel was against us. So, after the judge had made her suggestion, our consultant turned around and asked the Ministry's counsel if he could agree right away in order to avoid losing time and writing these reports. He said "no". Finally, a few days after the full hearing our consultant wrote a fantastic 8-pages report and one month later we received a letter from the Ministry's counsel that he agrees to grant the visa. Voilà!

Did the ministry's council grant the visa or overturn the original rejection to allow reprocessing?

 

[Ankit_Sonam]

Everyone has their own opinion of doing things. In our case our consultant worked harder than a lawyer and had a lot of experience. It would be best not to judge anyone and giving such rude opinions. If someone hires consultant they should cross check before hiring them and when they get fooled they shouldn't complain abt that.