Application got Rejected

[sheraz_aries]

My Sister's application ( sponsored by her husband - Canadian National ) was filed in Pakistan. After long wait she had an interview in Islamabad - Pakistan and now after 2 months she received email saying its a rejection as they are not satisfy with the documents and information provided. They believe that the marriage is not genuine. Its a shock for us as she waited so long and provided every possible document to support her application. Now she will appeal against the decision.


My Questions are:

1) Where the appeal would be filed ( Canada or Pakistan)?
2) Would it be filed by her or by her sponsor (husband - in Canada )?
3) What's the appeal process ( It would be great if somebody could explain different steps along with approximate timelines. )
4) What's the current timescale for the appeal process?

Any detail response would be really appreciated.

 

[saria1]

My Sister's application ( sponsored by her husband - Canadian National ) was filed in Pakistan. After long wait she had an interview in Islamabad - Pakistan and now after 2 months she received email saying its a rejection as they are not satisfy with the documents and information provided. They believe that the marriage is not genuine. Its a shock for us as she waited so long and provided every possible document to support her application. Now she will appeal against the decision.


My Questions are:

1) Where the appeal would be filed ( Canada or Pakistan)?
2) Would it be filed by her or by her sponsor (husband - in Canada )?
3) What's the appeal process ( It would be great if somebody could explain different steps along with approximate timelines. )
4) What's the current timescale for the appeal process?

Any detail response would be really appreciated.

It is my understanding that an appeal takes a very long time. I remember seeing some seniors advising to reapply instead of appeal.

 

[sheraz_aries]

But if she don't appeal and then file a fresh application, would it not mean that applicant accepted their decision that the marriage was not genuine. And this can creat another problem.

 

[scylla]

Join the appeals thread:

http://www.canadavisa.com/canada-immigration-discussion-board/all-spouse-appeal-cases-come-here-and-join-us-plz-t87619.5085.html

 

[canadianwoman]

1) Where the appeal would be filed ( Canada or Pakistan)?
2) Would it be filed by her or by her sponsor (husband - in Canada )?
3) What's the appeal process ( It would be great if somebody could explain different steps along with approximate timelines. )
4) What's the current timescale for the appeal process?

The appeal is filed in Canada by the sponsor. They should send him a letter explaining how to file an appeal with the official refusal letter. Appeals can take a long time - sometimes a two-year wait in Toronto; maybe one year in smaller centres. Reapplying instead of appealing is possible - it does not mean you agree with the decision. However, you need more and better evidence than you had for the first application. Of course, to win an appeal, you also need to get more and better evidence.

Sometimes, if the case does not seem too complicated, the Immigration Appeal Board will hold an ADR instead of a full appeal. This can be done more quickly than an appeal, but it is up to the Board to decide to do it or not. An ADR is a more informal hearing about the case.