Inland spousal Application Refusal Appeal

[mad_hatter]

I keep hearing one cannot appeal Inland application refusal, however I am unable to find an reference to this rule. Would someone please enlighten me.

 

[canuck_in_uk]

http://www.cic.gc.ca/english/resources/manuals/ip/ip02-eng.pdf

5.38. No appeal rights

Sponsors of applicants seeking to remain in Canada do not have a right of appeal to the IAD. This includes:

•Members of the Spouse or common-law partner in Canada class; and
•Applicants seeking permanent resident status on humanitarian and compassionate grounds

 

[mad_hatter]

Thanks, canuck_in_uk.

Upon further reading, it seems that although one cannot appeal to IAD, one can appeal to the Federal Court.

 

[ImABule]

Thanks, canuck_in_uk.

Upon further reading, it seems that although one cannot appeal to IAD, one can appeal to the Federal Court.

The vast majority of Federal Court Judicial Reviews are unsuccessful. There is also no guarantee the court will hear your case. The court has discretionary power over whether or not to hear the case.

 

[mad_hatter]

True, but when it comes to family any chance is better than no chance at all.

 

[mikeymyke]

True, but when it comes to family any chance is better than no chance at all.

The chances of winning are extremely low. The only possible way you can win is if they made a clear error in the previous decision, such as them assuming you were married before when you really weren't and you have proof of that, or that you failed to declare something but you have actual proof that they were wrong.

When it comes to whether a relationship is genuine or not, the chances are extremely low to win

Most applicants should not even consider inland anyway, its a horrible route because of no appeal, cannot travel outside Canada for long periods, long processing time, etx

 

[Rob_TO]

True, but when it comes to family any chance is better than no chance at all.

You would be better off addressing the reason for refusal, and re-submitting a brand new OUTLAND application.

 

[mad_hatter]

Although appeal to the court has low chance of success, I think it has strategic value.

When the application is refused, the applicant will have to leave Canada. If the couple cannot gather sufficient evident to support their claim while they are living together in Canada, what chance do they have when they are living apart in different countries. Facetime and occasional visit are not going to cut it.

If they appeal to the court, I believe the applicant will be allowed to remain in Canada until the hearing. The hearing date could be months or even years in the future. During this time, the couple should be busy as a bee generating evident to support their claim. It has been pointed out that the new evident cannot be used in the appeal, however, this evident is invaluable when they reapply. Once the couple feel that they have enough evident, they can always withdraw the appeal and reapply outland.

 

[mikeymyke]

you guys have been married for 15 years, that's more than enough to be approved. you should go outland

 

[mad_hatter]

I am not talking about myself. I am going outland. I am just interested in the subject.

 

[CanadianAlien]

And of course, if the new processing times keep up....you COULD have a successful answer on that outland app if from a speedy embassy BEFORE that 2 year owp expires...talk about having your cake and eating it, outland processing times, plus appeals, with inland perks. This question puzzled me, called CIC, once that OWP is issued it is valid for 2 years...regardless of what happens with your PR application....the only time it becomes redundant is when you get your PR. I actually doubt that, the helpline has been known to be wrong in the past, because if your PR fails, surely they tell you to leave the country? Not oh heck he has 9 months of a OWP left, we can't remove him.

 

[frege]

I keep hearing one cannot appeal Inland application refusal, however I am unable to find an reference to this rule. Would someone please enlighten me.

On an outland application, you can appeal and all the evidence is heard again by an administrative judge. You can present new evidence.

On an inland application, you can apply to the Federal Court for judicial review. The decision will be made based only on the information the immigration officer had available when he made his decision. No new evidence can be presented. Also, on some questions, the judge will only look to see if the IO's decision was reasonable, not whether it was correct.

If you are thinking about appealing a decision, I suggest you contact an immigration lawyer as soon as possible, because the deadline for appealing is very short.

 

[Latoya dunn dallas]

Where do you apply for an appeal?

 

[scylla]

Where do you apply for an appeal?

If you are an inland applicant and want to appeal - you need to start by hiring a lawyer.

 

[Latoya dunn dallas]

Okay thank you