Have the rules for appeals changed?

[canadianwoman]

My husband's PR application was refused because the visa officer didn't believe we had a genuine marriage. We are appealing. For the appeal we need more proof that we have a genuine marriage, proof that I am gathering now. BUT... I have read some recent appeal cases on CANLII where evidence from after the refusal letter was given little or no weight. A lawyer also told me that the rules for appeals have recently changed, and that only evidence from before the interview is now considered. On the other hand, the appeal is supposed to be a de novo hearing, meaning (I thought) that any new evidence will be accepted. Do any of you know whether the appeal rules have changed and evidence from after the interview, or from after the refusal letter, is no longer considered important?
It has been almost a year since the interview. So are our phone bills, emails, travel evidence, and money transfers since then considered evidence of a genuine marriage or not? Should I include them in the appeal package? The lawyer said they would just ignore them, and only look at things from before the interview.
i am very confused and upset - and some recent appeal cases on CANLII seem to still accept evidence from after the interview.

 

[questionforyou]

Hi there:

I'm in your same situation my wife process got denied for the same reason and we even have a daugther in common.

Any news in how long the appeals are taking ???

Taking you and good luck.

 

[YorkFactory]

I think the reason they might not allow new evidence is because the appellate body will be determining whether the decision was correct, given the application as it was submitted. Once they send the refusal letter, the application process is over, and so evidence you submit later isn't actually part of the application (but could be part of a new one).

Assuming they don't allow you to present new evidence, just think of it this way: they're not deciding whether your husband should be a permanent resident—they're deciding whether CIC went about the decision-making process in an incorrect manner.

 

[PMM]

Hi

I think the reason they might not allow new evidence is because the appellate body will be determining whether the decision was correct, given the application as it was submitted. Once they send the refusal letter, the application process is over, and so evidence you submit later isn't actually part of the application (but could be part of a new one).

Assuming they don't allow you to present new evidence, just think of it this way: they're not deciding whether your husband should be a permanent resident—they're deciding whether CIC went about the decision-making process in an incorrect manner.

1. Appeals are "de novo hearing, which means that the panel’s role is to evaluate all the evidence adduced until now" (i.e. the date of the hearing) note that evidence tendered after the date of refusal is usually given less weight.
2. You should read http://www.irb-cisr.gc.ca/eng/brdcom/references/procedures/proc/iadsai/info/Pages/marriage.aspx to see how the Appeal hearing work.

PMM

 

[canadianwoman]

Thanks. So they DO allow evidence from after the interview, it will just be given less weight. One of our problems is that I thought we had enough evidence at the interview, but were rejected, and though we have lots of evidence from after the interview, it is just more of the same - more phone bills, evidence from two more trips to see him, more emails. It's not different evidence.

 

[hassanstiger]

my husband was also refused for the same reason and we have been together five years and we lived together in morocco for 2 years.my case worker from the appeals office that i should send in everything i have even msn messages,new pics,travelling documents etc. I was also told they are still working on 2008 but my appeal case should be in may or june of 2010 and i appealed april of 2009.i do not know if this helps but is what i was told.

 

[Asta]

sorry to hear about that. good luck with appeal.
can u tell what went wrong? why they could reject ur applications? was it after the interview? that sounds scary

 

[mingus]

The only "pre refusal" thing I included in our appeal package was some more pictures from our wedding. We did not have many pictures taken from our wedding party because one of my BIL took video. Since then, My husband learned how to translate video into still pictures. i explained why there wasn't many pictures and included some more that we created from the video.
Everything else was from the refusal on. Copies of emails, chats, photocopies of cards we had sent to each other. Copies of plane tickets from my visits and loads of pictures of us together and with family. I included a 3 page letter in which I described how our relationship evolved, our times together, our plans for the future etc. Basically, every reason they gave in or appeals record as to why he was refused, I counted in my letter. When all was said and done, it was over 100 pages. I went into my ADR meeting and 20 minutes later, walked away having won the appeal. This was last Novemeber.

 

[toby]

An immigration lawyer I spoke to said a lot of his work was with appeals, and it was rather easy because by the time the appeal date arrived, often the applicant and sponsor had been living together two years longer, and this in itself was strong evidence that the relationship was legitimate.