How many in the midst of the appeal process?

[felicity01]

The judge said I would be given an answer by mail. I have no idea how long that will be. But if the wait I had after my husbands interview is any indication it could be 5-6 weeks.

Hello Mrs Turan
Here is the date for when you will be given a response

When will I know the decision in my appeal?

The IAD Member may be able to decide your appeal and give reasons for the decision at the end of the hearing. If not, the Member will tell you that the decision and reasons will be sent to you by mail at a later date, usually no later than 90 days after the hearing.
;D
http://www.irb-cisr.gc.ca/eng/brdcom/references/procedures/proc/iadsai/info/Pages/index.aspx

Good Luck

 

[Mrs. Turan]

Well I'll post the decision when I get it. We really are hoping for good news. The lawyer and the judge tested my Turkish and my husbands' English(even though I told them, he knows very little). I was nervous and barely understood the interpreters Turkish, and I know my Turkish is way better than the impression they got from the hearing. So frustrating! My husband and his family helped me so much with my Turkish, I really was so proud of how much I have learned. But the opposing lawyer made it seem like there was no way my husband and I could ever understand each other, and that's simply not true.
Then my husband had his own ideas about how he should answer the questions. eg. He discussed a little bit about his religion to me since we've been together. The lawyer asked me to explain what I know about it. I answered his questions but when my husband was asked to discuss it, he tells them, "I'm not a very religious person." I could've screamed I was so mad at him. But I also love him so much and I know he is not trying to hurt our chances he's just being honest. Then for some reason I said our anniversary was on a different day than what it was, and the lawyer asked him why I said that. Just all very stupid, and I was really flustered.
We just seem to turn everything into a gong show when we are attempting things. But anyone who knows us, here in Canada or there in Turkey knows we love each other very much and are very compatible. There is not a man on this earth that I get along better with and want to spend the rest of my life with, and I know he feels the same way.
Oh yea and another thing that happened. My husband told me he never had a relationship before me. So when I was questioned about him I told them that, but when he was questioned he said he had a girlfriend before me for 2 years. This after being repeatedly questioned("Come on you never had a girlfriend ever!!!) My husband guessed when he had this girlfriend, but later on when we were talking he confessed it was a girlfriend he had when he was only 15 years old. It was never serious and he probably should not have mentioned it at all.

 

[Jeeyan]

If my case is an out of canada sponsorship, where would my appeal take place? Also for those who had a interview, did you get refused by mail or did they refuse you on the spot at the interview?

 

[felicity01]

If my case is an out of canada sponsorship, where would my appeal take place? Also for those who had a interview, did you get refused by mail or did they refuse you on the spot at the interview?

Hello!
The appeal take place in the office where you filed your appeal request.
We were noticed by mail, once the make a decision the let you know if your PR request was denied, we dind't have an interview

Good luck

 

[Mrs. Turan]

When my husband had his interview he was refused by mail. We waited a few months before we got the refusal letter. It was a horrible long wait. Now we're waiting again.

 

[Jeeyan]

during the interview did they make it clear it was going to be rejected? Or did they say they have to look over a few thinngs blah blah

 

[missmini]

Hello!
The appeal take place in the office where you filed your appeal request.
We were noticed by mail, once the make a decision the let you know if your PR request was denied, we dind't have an interview

Good luck

i think if the rejection is cuz they don't believe that the relationship is genuine, they should give u the chance to have an interview; if they don't and refuse directly, u have the right to call right away, talk to the supervisor officer (or something like that) and ask for an interview to defend and proof ur relationship; some senior members suggested this approach...

Posted by: Jeeyan
during the interview did they make it clear it was going to be rejected? Or did they say they have to look over a few thinngs blah blah

yeah u might have a hint of how well the interview went, but at the end u never know what's in their mind and how they assess...some people got rejected on place after the interview, some by mail; some got the PPR request on place after the interview, some also by mail together with other documents...(one case he had his interview may 2010 and got his PPR request last month)...so, just be hopeful and check for applicants from the same embassy (each embassy has different way)

 

[felicity01]

i think if the rejection is cuz they don't believe that the relationship is genuine, they should give u the chance to have an interview; if they don't and refuse directly, u have the right to call right away, talk to the supervisor officer (or something like that) and ask for an interview to defend and proof ur relationship; some senior members suggested this approach...

yeah u might have a hint of how well the interview went, but at the end u never know what's in their mind and how they assess...some people got rejected on place after the interview, some by mail; some got the PPR request on place after the interview, some also by mail together with other documents...(one case he had his interview may 2010 and got his PPR request last month)...so, just be hopeful and check for applicants from the same embassy (each embassy has different way)

There are many reasons to denied a PR request and the genuineness of our relationship is not one of the reasons in our case ( You want to read your CAIPS to know )
Once you are denied, you file an appealing, request your CAIPS from within Canada and wait.

However if your passport has been requested that looks like the visa is going to be stamped on it.

Good luck!

 

[Mrs. Turan]

We don't know for sure what they are gonna say and the judge said the decision would be mailed to me. So maybe they still had to think it over. It's been one week since my hearing, I sure hope I hear something soon. My husband and I are both worn out from this whole process, mentally, physically and emotionally. Once again I am waiting again to learn where we will be living-Canada or Turkey???

 

[felicity01]

We don't know for sure what they are gonna say and the judge said the decision would be mailed to me. So maybe they still had to think it over. It's been one week since my hearing, I sure hope I hear something soon. My husband and I are both worn out from this whole process, mentally, physically and emotionally. Once again I am waiting again to learn where we will be living-Canada or Turkey???

Hello Mrs Turan
The CIC site says you will be given and answer within 90 days ( the link I post before )
I am still wondering if you got an ADR or a Full Hearing cause the Full Hearings are given after a year or so of waiting, and then if you were given an ADR you still have one more chance to appeal.
I am just wondering, is worth it to double check before you move your life away.

 

[Mrs. Turan]

I kind of wondered that too. I wondered it right until the day of my appeal hearing. It was a full blown hearing. I only waited 9 months from the time my husband was refused after his interview. They believed our marriage to be a marriage of convenience, as I understood from the papers I received after his interview last summer. No where on the papers does it say CAIP notes, though I'm assuming that's what it is. It is all the papers we filed since I started the sponsorship application? I was never told anything about an ADR hearing but since they knew I would not have a lawyer I assumed that's what it would have been. But I was wrong. I never waited a full year though, but I did ask the judge and he said it was not an ADR hearing. It was all so confusing because I didn't know what to expect because I had conflicting advice from them after my notification for the hearing. I wanted to bring my mother to the hearing because she stayed with me in Turkey at my husbands families home for 5 weeks. My mother saw how our relationship was. She saw how my husbands family treated me, too. But the woman from Canada Immigration told me that unless I could tell her exactly how long my Mother would be speaking, it would be a waste of time.
But I know that's untrue now. My Mother could have been questioned about things after issuing her statement and she could have answered questions from me and the opposing lawyer. I don't know what's gonna happen. I may not got to appeal this?

 

[felicity01]

I kind of wondered that too. I wondered it right until the day of my appeal hearing. It was a full blown hearing. I only waited 9 months from the time my husband was refused after his interview. They believed our marriage to be a marriage of convenience, as I understood from the papers I received after his interview last summer. No where on the papers does it say CAIP notes, though I'm assuming that's what it is. It is all the papers we filed since I started the sponsorship application? I was never told anything about an ADR hearing but since they knew I would not have a lawyer I assumed that's what it would have been. But I was wrong. I never waited a full year though, but I did ask the judge and he said it was not an ADR hearing. It was all so confusing because I didn't know what to expect because I had conflicting advice from them after my notification for the hearing. I wanted to bring my mother to the hearing because she stayed with me in Turkey at my husbands families home for 5 weeks. My mother saw how our relationship was. She saw how my husbands family treated me, too. But the woman from Canada Immigration told me that unless I could tell her exactly how long my Mother would be speaking, it would be a waste of time.
But I know that's untrue now. My Mother could have been questioned about things after issuing her statement and she could have answered questions from me and the opposing lawyer. I don't know what's gonna happen. I may not got to appeal this?

Ok, you are supposed to base your appealing clearing every single point for what your PR was denied, and I know you must request your CAIPS before anything else, since is the only way way to know what went wrong according to the VO judgment and your application information, you can read through that link I post before and it just says all the info you want to know.
As for there is anything to appeal for after a full hearing, I am not sure, I guess you can just go on and on, for another hearing I guess, but only a professional on this matter will be able to advise you. For continue on i would think you do want a lawyer.

Good luck Mrs Turan All the best

 

[canadianwoman]

... as I understood from the papers I received after his interview last summer. No where on the papers does it say CAIP notes, though I'm assuming that's what it is. It is all the papers we filed since I started the sponsorship application?

The CAIPS notes would have been included in the package of papers they sent you once you said you wanted to appeal. What is important in the CAIPS notes is the report the visa officer writes about the interview - where your VO said he/she thought it was a marriage of convenience.

But the woman from Canada Immigration told me that unless I could tell her exactly how long my Mother would be speaking, it would be a waste of time.
But I know that's untrue now. My Mother could have been questioned about things after issuing her statement and she could have answered questions from me and the opposing lawyer. I don't know what's gonna happen. I may not got to appeal this?

You can 'appeal' an appeal, but it is then called a judicial review. You have to tell the gov't you want to do this soon after you get the appeal decision. At a judicial review, the judge cannot look at any new evidence; he/she can only look at the evidence already submitted and decide if the judge made a wrong decision. The judge will look at if you were deprived of your rights. In my opinion, telling you not to call a witness you wanted to call might be considered a wrong decision by the government.
However, for a judicial review you will really need a good immigration lawyer. A judicial review is basically an argument about legal matters; it is not really an argument about whether or not your marriage is genuine, as the appeal was.

 

[rjessome]

You can 'appeal' an appeal, but it is then called a judicial review. You have to tell the gov't you want to do this soon after you get the appeal decision. At a judicial review, the judge cannot look at any new evidence; he/she can only look at the evidence already submitted and decide if the judge made a wrong decision. The judge will look at if you were deprived of your rights. In my opinion, telling you not to call a witness you wanted to call might be considered a wrong decision by the government.
However, for a judicial review you will really need a good immigration lawyer. A judicial review is basically an argument about legal matters; it is not really an argument about whether or not your marriage is genuine, as the appeal was.

Just to emphasize what canadianwoman said, an application for Judicial Review must prove that the VO and the IAD made in error in law to be successful. No new evidence can be introduced because it is not a de novo hearing like at the IAD. Also, you can NOT do a JR on your own. The Federal Court will not allow it. A lawyer IS required.

 

[felicity01]

The CAIPS notes would have been included in the package of papers they sent you once you said you wanted to appeal. What is important in the CAIPS notes is the report the visa officer writes about the interview - where your VO said he/she thought it was a marriage of convenience.You can 'appeal' an appeal, but it is then called a judicial review. You have to tell the gov't you want to do this soon after you get the appeal decision. At a judicial review, the judge cannot look at any new evidence; he/she can only look at the evidence already submitted and decide if the judge made a wrong decision. The judge will look at if you were deprived of your rights. In my opinion, telling you not to call a witness you wanted to call might be considered a wrong decision by the government.
However, for a judicial review you will really need a good immigration lawyer. A judicial review is basically an argument about legal matters; it is not really an argument about whether or not your marriage is genuine, as the appeal was.

Hello just wondering... from what Mrs Turan was told about bringing a witness was :
Mrs Turan's post:
But she didn't seem to think so unless I could say exactly how long it would take for her to talk. she also stated it would be a waste of time(which was kind of stupid because my hearing was 4 and a half hours) but I could bring her or else just get her to write out a statement sign it and that would be the same thing.

So she wasn't told not to bring a witness. She was not deprived from her rights.
I would consult a Lawyer, and pay his hour fee, and make sure if there is anything I can do with time and preparation.

Good luck