File submission for ADR

[Curina]

Hello guys,


Just keeping you up to date. My lawyer advised me today that my file has been submitted to the adr appeal board for my ADR next Friday. A copy has been forwarded to me. Its like a text book. Carefully and neatly prepared. I am pumped for March 6th. Since our refusal we have accumulated an overwhelming amount of evidence to support or GENUINE RELATIONSHIP. With all of this and they still decide to doubt us, I think I would give birth then and there.


C

 

[RobsLuv]

You know we are behind you 100%. I would tell you one thing: what you need to know is that you are allowed to stop the proceedings and consult with your attorney WHENEVER you choose. We found this information too late - after hubby had his ADR conference, and I wish he had known this ahead of time. His attorney never told him this was how things would go and he was completely blindsided. Be sure you read everything you can about what the ADR conference is for, what the "mindset" going in has to be, and be prepared. And DON'T let Minister's counsel run away with the conference to serve his/her own agenda. This is your opportunity to address the reasons the case was refused; if Minister's counsel is unwilling to discuss those reasons, take a break to consult with your attorney and plan a strategy.

Minister's counsel goes into the ADR prepared with your full disclosure - but you've got nothing from them! Don't let them use that to their advantage. They already have ALL the power, because the concept behind the ADR is about letting them decide whether or not to allow the appeal, based on the recommendation of the facilitator (who is someone they can choose NOT to listen to). The ADR conference is not an "innocent until proven guilty" thing . . . it's the opposite. Minister's counsel is going in there BELIEVING the refusal was absolutely merited! There is no Judge there to make a decision - only a "mediator" to make a recommendation that Minister's counsel CAN choose to reject. Basically, you have to present a case that's so strong that Minister's counsel is convinced they can't possibly win at a full appeal hearing - then they'll allow the appeal at ADR. Otherwise, they're going in to justify the refusal, and they'd just as soon make you go to full appeal. Because there's no accountability within the system, it doesn't matter to them in the least if they ultimately fail in the end at a full hearing. They will defend the IO's decision until you make them stop!

Remember, they are there for one reason and one reason only - to defend the refusal made on your application on behalf of Immigration Canada.

Be strong, know your facts, and make your lawyer work for you.

 

[sudy007]

i had an appeal hearing a few days back. After the ministers counsels presentation and my presentation, when it came time for my wife ( applicant ) to testify she could not as, my minor son was there, and there was no body to take care of him, and there were things which we did not want discussed in front of him.

I noticed the ministers counsel, harping on events and issues that were irrelevant to the case. also he was using lack of exact recollection of dates, or sequence of events to justify the refusal. He made it seem like memory lapses or inability to recall exact dates or sequence of events as justified to denying the genuiness of the relationship. Now these things have happened over a period going back at least 15 years.

i am representing myself. Can i object just as attorneys to, to his questions that are irrelevant. Can i question his stance of me not being able to remember exact dates or sequence to being memory lapses ( i am 47 ) and not to being due to relationship not being genuine.

Will my objecting and calling out the ministers counsels tactics go against me. Am i allowed to do that, question the ministers counsel, challenge his deductions and line of reasoning.

Will the presiding judge look at me negatively for doing that, or will it serve my purpose, that the ministers counsel is just using every trick in the book to discredit my appeal and application