Appeal Spousal Sponsorship

[Harisha]

thanks

 

[Harisha]

Hello My Friends

I won the appeal. How long does it take to open the file again in Sri Lanka? any one have experience in appeal case? I just went to the website and check the status. they didnot change anything in there

 

[CharlieD10]

Cases that were appealed and allowed are supposed to be prioritised. No-one here can say for sure how long it will take after this.

 

[gagan88]

i received a letter from IAD stating that "before we proceed we must receive a copy of the appeal record from minister's counsel"
whats minister's counsel.....???

 

[canadianwoman]

'Minister's counsel' is the government, basically. At the appeal there will be a lawyer from the government who will argue that the appeal should be dismissed. The minister's counsel works for the Canada Border Services Agency. They get your file from the visa office, copy it and then send a copy to the Immigration Appeal Division.

 

[gagan88]

[/quote]
our case got rejected to the small reason that my husband was not present in canada at the time when decision was made.he came to uae right after he got the approval.
hi..
i received my appeal record in 40 days means the ministers counsel.and when will i receive my hearing date?? and how long the entire process can take?i have got the copy of the ministers counsel.

'Minister's counsel' is the government, basically. At the appeal there will be a lawyer from the government who will argue that the appeal should be dismissed. The minister's counsel works for the Canada Border Services Agency. They get your file from the visa office, copy it and then send a copy to the Immigration Appeal Division.

 

[canadianwoman]

It depends what city the appeal will be in - sometimes people wait more than a year for a hearing. As well, if they decide you qualify for an ADR hearing, this will be several months earlier than a full appeal.

 

[Woodex]

Hi my friends
I won the adr hearing. Do you guys know how long it will take to get the visa?

What did they ask you? I am having appeal next month.

 

[eeza]

HI,does VO still request passport even if visa is rejected?

 

[PMM]

Hi

HI,does VO still request passport even if visa is rejected?

No.

 

[sudy007]

Typically ADR hearings are beneficial only to cases where refusals are about suspected "non-genuine" relationships and the sponsor can provide additional proofs supporting the relationship. At an ADR hearing there is a mediator, the appellant, and counsel for the Minister of CIC. Minister's counsel runs the show and the appellant must convince them that the refusal should be overturned. That's not easy to do when the applicant was refused because of being criminally inadmissible to Canada.

At a full appeal hearing there is a better chance because it's a more "traditional" scenario where Minister's counsel presents their case, your lawyer presents yours and a Judge decides. But basically, when a refusal is about an inadmissibility they usually aren't inclined to allow the appeal, even on Humanitarian and Compassionate grounds. Not knowing what exactly was wrong with your husband's Malaysian police clearance, it's hard to speculate what might happen or what might be needed in order for you to win your appeal. If your husband was actually convicted of a crime, he most likely will need to wait until he can apply for rehabilitated status before he will be eligible to immigrate. They are not really inclined to let people with criminal convictions into the country. But humanitarian and compassionate consideration can apply when there are extenuating circumstances that surround the conviction, or when there are children involved, or when it's been a very, very long time since the conviction. Again, lacking details it's very difficult to give you any idea of what you might anticipate . . . but I doubt very much that you'll get anywhere in an ADR. Probably will need to wait for a full hearing and hope for the best.

my spousal application for immigration interview was in november 26 where we were informed that our application is refused at New Delhi. We got a letter from the new delhi office on jan 17 saying that it was refused under section 4 (1) and section 11(1) they did not find our marriage as genuine and was entered for the purpose of getting immigration benefit. They said that a separate letter will be sent to the sponsor regarding appeal process.

I am worried that probably the letter got lost in the mail or misplaced. Can i send in an appeal without waiting to get a letter from them regards the appeal process. I do not want to be miss the 30 day time limit in which to make the appeal.

 

[canadianwoman]

It's 30 days from when you receive the letter.
You could phone the Immigration and Refugee Board that would be handling the appeal to ask what to do, but I don't think it has been long enough yet to be sure the letter was lost.

 

[sudy007]

refusal and appeal letter

finally got the letter for the sponsor on the 11th feb, it was dated 17 jan. so i now have till 17 feb to appeal i guess. that does not leave much time.
What do i have to fill in the IAD FILE NO and the other blanks at the top left hand side of the form
also i got form IRB/CSIR 428 (2011.07) is that the correct one.

 

[canadianwoman]

You just send in the form they sent you, stating that you want to appeal. You do not have to have any of the evidence ready right now, you just send in the form.

 

[sudy007]

DNA

Since family sponsorship for my wife and 2 kids was denied on the basis of them not being satisfied of our marriage being genuine, i applied again for my kids. They then asked for dna test, which sample i gave on may29 2015 in toronto. They said they will collect sample of my childrens dna in India, but so far they have not contacted. Does any body know how long does it take for the dna sample to be collected overseas from your dependents specifically new delhi..