Appeal process... How does it work exactly???

[Zayne]

Recently my wife has been refused...based on grounds that we did not address specific concerns to the visa officer's liking.. I heard this is an easy decision from the appeal board and I plan to do an appeal with a lawyer... I just wanted to know when the appeal is filed how long before a date is set?? how long is the duration of the hearing??? what would the appeal board say??? would they talk to the specific visa officer beforehand??? and if its approved then what happens??... Please let me know if you know or have been through the appeal process.

THANKS!!!

 

[Habibti]

Recently my wife has been refused...based on grounds that we did not address specific concerns to the visa officer's liking.. I heard this is an easy decision from the appeal board and I plan to do an appeal with a lawyer... I just wanted to know when the appeal is filed how long before a date is set?? how long is the duration of the hearing??? what would the appeal board say??? would they talk to the specific visa officer beforehand??? and if its approved then what happens??... Please let me know if you know or have been through the appeal process.

THANKS!!!

Hello! So sorry to hear your wife was denied visa. My husband was denied visa in November 2011 and we won our appeal this summer. Where is the visa office of your wife and where are you in Canada? There are two possibilities, you might be chosen for the ADR or for full hearing. We got full hearing and it lasted 4 hours.

We sent the notice of appeal end of December 2011 and in April we got our date for the full hearing scheduled on June 21st. One month later we got the news that we won the appeal.

Here is a thread where you can find valuable information:

http://www.canadavisa.com/canada-immigration-discussion-board/all-spouse-appeal-cases-come-here-and-join-us-plz-t87619.375.html

 

[gsize]

Recently my wife has been refused...based on grounds that we did not address specific concerns to the visa officer's liking.. I heard this is an easy decision from the appeal board and I plan to do an appeal with a lawyer... I just wanted to know when the appeal is filed how long before a date is set?? how long is the duration of the hearing??? what would the appeal board say??? would they talk to the specific visa officer beforehand??? and if its approved then what happens??... Please let me know if you know or have been through the appeal process.

THANKS!!!

Hopefully the appeal hearing will NOT be in Toronto. I had to wait 28 months for my Hearing which we won ! (appeal filed April 2010- heard August 2012) File now sent back for reprocessing. My Hearing lasted 4 hours. They told me they would over turn the negative result immideately. As fas as I researched the vast majority of Appeals are allowed. Its the waiting that is the hardest part.......

Keep in mind, timelines constantly change ! Furthermore, you might get ADR

 

[Zayne]

Hello! So sorry to hear your wife was denied visa. My husband was denied visa in November 2011 and we won our appeal this summer. Where is the visa office of your wife and where are you in Canada? There are two possibilities, you might be chosen for the ADR or for full hearing. We got full hearing and it lasted 4 hours.

We sent the notice of appeal end of December 2011 and in April we got our date for the full hearing scheduled on June 21st. One month later we got the news that we won the appeal.

Nice to know your appeal was approved... yea I believe our case will be sent to the ADR as its not a serious denial (or so I heard) my wife's country is Fiji and like I said it was not a serious denial... the officer just said we did not address some of theyre concerns about the case...however there is no issues (criminal or financial or health concern)

 

[Zayne]

Hopefully the appeal hearing will NOT be in Toronto. I had to wait 28 months for my Hearing which we won ! (appeal filed April 2010- heard August 2012) File now sent back for reprocessing. My Hearing lasted 4 hours. They told me they would over turn the negative result immideately. As fas as I researched the vast majority of Appeals are allowed. Its the waiting that is the hardest part.......

Keep in mind, timelines constantly change ! Furthermore, you might get ADR

Hi, yea I also found similiar information on it... but wow thats a long time.. im not sure but I feel our case will go to the ADR which I heard does not take long as its just a mediation type meeting... thats good to know that the majority are probably allowed though... gives me hope!!

 

[canadianwoman]

I just wanted to know when the appeal is filed how long before a date is set??

This depends on where the sponsor lives. In Toronto the wait can be over 2 years; in Saskatoon I had to wait about a year. If you get an ADR, the wait can be less than a year.

how long is the duration of the hearing???

Usually just the morning or just the afternoon. If there are a lot of issues, they will schedule a full day. If it is really complicated, it might take more than one day, in which case there can be a long wait between the 2 dates - I've seen appeal cases where the two dates of the appeal were several months apart.

what would the appeal board say???

The Minister's Counsel and your own lawyer will ask you and the applicant questions about your relationship. They can ask you anything. The judge will also ask questions, unlike in a criminal case. If the applicant is not in Canada, he/she will testify by phone. The Minister's Counsel and the judge will be comparing the answers given by the appellant with the answers given by the applicant. They will also compare your testimony with what was said on the application and what was said at any interview.

Will they contact the visa officer?

No. His/her notes on the file will be considered enough.

and if its approved then what happens??...

If you win, the application will continue to be processed. This can still end up taking quite a lot of time.

 

[~*Dani*~]

Canadianwomen...whats your email address? I am from Saskatoon as well! I just sent you a personal message on this site.