Appeal!!!

[pingrid]

Hello I have sponsor my husband he is from mexico but he had to apply for a pardon ,our lawyer did send the sponsorship and the pardon application at the same time thinking the pardon was going to be first but the sponsorship came out first,anyways inmigration give us until october 1 2012 to have the pardon,the pardon was supposed to be a year wish is now completed but when my lawyer call the pardon office they said that my husband papers have not even been revue by an officer and that he did not believe that they will be finalized in october....So what our lawyer said is that we have to do an appeal and it takes 1 year.
My question is if this is the best thing to do and if it really takes a year because i have been told by a friend that her husband did the same and took them 2 years.

 

[pingrid]

Hello I have sponsor my husband he is from mexico but he had to apply for a pardon ,our lawyer did send the sponsorship and the pardon application at the same time thinking the pardon was going to be first but the sponsorship came out first,anyways inmigration give us until october 1 2012 to have the pardon,the pardon was supposed to be a year wish is now completed but when my lawyer call the pardon office they said that my husband papers have not even been revue by an officer and that he did not believe that they will be finalized in october....So what our lawyer said is that we have to do an appeal and it takes 1 year.
My question is if this is the best thing to do and if it really takes a year because i have been told by a friend that her husband did the same and took them 2 years.

 

[Azsereth]

Other people may be able to verify whether a successful appeal really takes 2 years, but I think it does involve a very long wait. I had a refused application in 2009, and ended up scrapping the appeal and changing our game plan after about 13 months of waiting with no word about it.

 

[LeisaP]

someone in the mexico thread was denied and also filed an appeal. and he is now just getting to the end of the process, his ppr should be just around the corner. but in total i think from the very start of sending his app in. hes been waiting 2.5 years.

 

[seikokimura]

Hello I have sponsor my husband he is from mexico but he had to apply for a pardon ,our lawyer did send the sponsorship and the pardon application at the same time thinking the pardon was going to be first but the sponsorship came out first,anyways inmigration give us until october 1 2012 to have the pardon,the pardon was supposed to be a year wish is now completed but when my lawyer call the pardon office they said that my husband papers have not even been revue by an officer and that he did not believe that they will be finalized in october....So what our lawyer said is that we have to do an appeal and it takes 1 year.
My question is if this is the best thing to do and if it really takes a year because i have been told by a friend that her husband did the same and took them 2 years.

Would you mind let me know what are the steps to appeal a refusal?

 

[21Goose]

Would you mind let me know what are the steps to appeal a refusal?

Refusal of what? Visitor Visa? PR? Spousal Sponsorship?

 

[seikokimura]

Refusal of what? Visitor Visa? PR? Spousal Sponsorship?

Refusal of a PR application under PNP, due to a criminal record.

 

[21Goose]

Refusal of a PR application under PNP, due to a criminal record.

There is no right of appeal in this case.

The only option is to approach the Federal Court with a request for Judicial Review (basically, you're politely asking if they will hear your case). You have 15/60 (if matter happened outside Canada) days from the date of refusal to do this. You can only do this through a lawyer. Note that a "request" for judicial review is very different from the "right" to appeal. The court can simply refuse to hear you and there's nothing you can do.

The chances of getting approved for judicial review in your kind of case is very close to zero.

Talk to a lawyer (unless 15/60 days have passed, in which case there's nothing anyone can do).

 

[seikokimura]

There is no right of appeal in this case.

The only option is to approach the Federal Court with a request for Judicial Review (basically, you're politely asking if they will hear your case). You have 15/60 (if matter happened outside Canada) days from the date of refusal to do this. You can only do this through a lawyer. Note that a "request" for judicial review is very different from the "right" to appeal. The court can simply refuse to hear you and there's nothing you can do.

The chances of getting approved for judicial review in your kind of case is very close to zero.

Talk to a lawyer (unless 15/60 days have passed, in which case there's nothing anyone can do).

Got it. Thank you for the info!