Reapplyiing after a failed appeal

[canadianwoman]

This is all second-hand, so maybe the person talking to me misunderstood what the lawyer said, or maybe the lawyer is wrong. But I'd like your opinions.

A friend applied to sponsor her husband. His application was rejected. She appealed. She had an ADR hearing, and lost, which means she can then go to a full appeal hearing if she wants. She had the full appeal hearing and lost. She did not go to a judicial review at the Federal Court because she does not have enough money for a lawyer (and in any case I don't think there were any issues she could have won with at a judicial review.)

However, I have always thought that in situations like hers, she could always apply to sponsor her husband again. I know that these second sponsorships usually fail because the visa officers and then any appeal judge will find that the issues have already been decided - so the result is the same too. So to win the second time, you would need new facts, such as having had a baby in the meantime, or having gone to live with the foreign spouse for a significant length of time, etc.

But she talked to a lawyer about this, and the lawyer said she could not reapply. That once you have lost in a full appeal, you cannot reapply. The lawyer said that if she had stopped after the failed ADR hearing, then then she could have reapplied. This was an immigration lawyer saying this. Is she right? Can you really not reapply after a failed full appeal hearing? Or did she maybe just mean there wasn't much hope, but you could try?

 

[KJG]

This is all second-hand, so maybe the person talking to me misunderstood what the lawyer said, or maybe the lawyer is wrong. But I'd like your opinions.

A friend applied to sponsor her husband. His application was rejected. She appealed. She had an ADR hearing, and lost, which means she can then go to a full appeal hearing if she wants. She had the full appeal hearing and lost. She did not go to a judicial review at the Federal Court because she does not have enough money for a lawyer (and in any case I don't think there were any issues she could have won with at a judicial review.)

However, I have always thought that in situations like hers, she could always apply to sponsor her husband again. I know that these second sponsorships usually fail because the visa officers and then any appeal judge will find that the issues have already been decided - so the result is the same too. So to win the second time, you would need new facts, such as having had a baby in the meantime, or having gone to live with the foreign spouse for a significant length of time, etc.

But she talked to a lawyer about this, and the lawyer said she could not reapply. That once you have lost in a full appeal, you cannot reapply. The lawyer said that if she had stopped after the failed ADR hearing, then then she could have reapplied. This was an immigration lawyer saying this. Is she right? Can you really not reapply after a failed full appeal hearing? Or did she maybe just mean there wasn't much hope, but you could try?

I think that is wrong....my best friend.....was denied...she appealed...first was called for an ADR when she arrived told her that no, her case had to go for a full appeal.....she went to full appeal (represented herself...big mistake...but hindsight and all that)....she lost...she then got a lawyer to do the federal appeal...it was denied......her immigration lawyer a well known one in Toronto told her she should wait a bit and then reapply that was here only course of action.....now this was for spousal application.......

 

[PMM]

Hi

This is all second-hand, so maybe the person talking to me misunderstood what the lawyer said, or maybe the lawyer is wrong. But I'd like your opinions.

A friend applied to sponsor her husband. His application was rejected. She appealed. She had an ADR hearing, and lost, which means she can then go to a full appeal hearing if she wants. She had the full appeal hearing and lost. She did not go to a judicial review at the Federal Court because she does not have enough money for a lawyer (and in any case I don't think there were any issues she could have won with at a judicial review.)

However, I have always thought that in situations like hers, she could always apply to sponsor her husband again. I know that these second sponsorships usually fail because the visa officers and then any appeal judge will find that the issues have already been decided - so the result is the same too. So to win the second time, you would need new facts, such as having had a baby in the meantime, or having gone to live with the foreign spouse for a significant length of time, etc.

But she talked to a lawyer about this, and the lawyer said she could not reapply. That once you have lost in a full appeal, you cannot reapply. The lawyer said that if she had stopped after the failed ADR hearing, then then she could have reapplied. This was an immigration lawyer saying this. Is she right? Can you really not reapply after a failed full appeal hearing? Or did she maybe just mean there wasn't much hope, but you could try?

1. Yes, she can re-apply as many times as she wishes, but if there is no change or 2nd refusal is based on the same grounds, when it gets to the appeal stage, "Res Judicata" is usually invoked. i.e. already decided.

 

[canadianwoman]

Thanks for the two replies. Yes, that is what I had thought was the case, but her lawyer had a different opinion. I think the lawyer must have meant the chances of winning a second time were low.

 

[Eugenm]

Married over 5 years ago. I lost my wife's sponsorship appeal on 8th Dec, 2017,, got yesterday in mail. I do not know if anything I could do yet?
I do not believe in any more appeals, total waste...
From the beginning of our marriage, me and my wife we always wished we meet here in Canada for a short time once or twice a year, I live here and work over 38 years. . My wife works in China last 30 years, she is very good person and wife.
I wished my wife visit me for a bit of time here before and eventually I would sponsor her in a future,, but always got refusal... Two TRV got refused , two sponsorship failed, the second time we had a Canadian layer, all brought nothing good.
Still, I wish my wife visit me here even once before I will make any drastic step of moving out of this country for good.
I just can not believe what Canada immigration did to us, just unbelievable. I just never seen and heard anything like this in my life,, unless it would be a Totalitarian regime,.. Canada claims to be a such humanitarian Country with values cherishing human expression and rights .. just all unbelievable a total shock for me, for us.
Still I ask myself is really any honesty and justice in my case, is it possible to bring my wife for a such short visit even after this failed appeal?

 

[Miraclejj]

Married over 5 years ago. I lost my wife's sponsorship appeal on 8th Dec, 2017,, got yesterday in mail. I do not know if anything I could do yet?
I do not believe in any more appeals, total waste...
From the beginning of our marriage, me and my wife we always wished we meet here in Canada for a short time once or twice a year, I live here and work over 38 years. . My wife works in China last 30 years, she is very good person and wife.
I wished my wife visit me for a bit of time here before and eventually I would sponsor her in a future,, but always got refusal... Two TRV got refused , two sponsorship failed, the second time we had a Canadian layer, all brought nothing good.
Still, I wish my wife visit me here even once before I will make any drastic step of moving out of this country for good.
I just can not believe what Canada immigration did to us, just unbelievable. I just never seen and heard anything like this in my life,, unless it would be a Totalitarian regime,.. Canada claims to be a such humanitarian Country with values cherishing human expression and rights .. just all unbelievable a total shock for me, for us.
Still I ask myself is really any honesty and justice in my case, is it possible to bring my wife for a such short visit even after this failed appeal?

Sir, I feel you, I sincerely do. But with two sponsorship failures, the chance to get a TRV is next to zero. You certainly can keep trying, but there isn't anything you can do about it. The immigration system works the opposite way comparing with other laws, it presumes all applicants are not qualified for the type of VISA they apply, until prove otherwise by the supporting documents they submit.

 

[canuck_in_uk]

Married over 5 years ago. I lost my wife's sponsorship appeal on 8th Dec, 2017,, got yesterday in mail. I do not know if anything I could do yet?
I do not believe in any more appeals, total waste...
From the beginning of our marriage, me and my wife we always wished we meet here in Canada for a short time once or twice a year, I live here and work over 38 years. . My wife works in China last 30 years, she is very good person and wife.
I wished my wife visit me for a bit of time here before and eventually I would sponsor her in a future,, but always got refusal... Two TRV got refused , two sponsorship failed, the second time we had a Canadian layer, all brought nothing good.
Still, I wish my wife visit me here even once before I will make any drastic step of moving out of this country for good.
I just can not believe what Canada immigration did to us, just unbelievable. I just never seen and heard anything like this in my life,, unless it would be a Totalitarian regime,.. Canada claims to be a such humanitarian Country with values cherishing human expression and rights .. just all unbelievable a total shock for me, for us.
Still I ask myself is really any honesty and justice in my case, is it possible to bring my wife for a such short visit even after this failed appeal?

I remember your case. It is no surprise that your appeal was refused; I predicted several years ago that it would be. You have way too many massive red flags and failed to address them. You really should have moved to live with your wife and reapplied after a year of cohabitation instead of appealing.

Your wife has no chance of being approved for a TRV.

 

[mikeymyke]

Agreed, your wife has no chance of getting a visitor visa, given the failed sponsorships and the failed attempts at a visitor visa.

And with two failed sponsorships, it seems like you guys are unable to demonstrate the marriage is genuine, so maybe the best option is to just go live in China with her.

 

[krishg811]

HI,

I have applied for spousal sponsorship for my Wife and it was refused in May 2018. I received a letter from CIC that i can appeal in 30 days but I did not appeal at that time and the deadline has passed.

What are my options now? Can I reapply again? I put all the evidence in my file already, I don't have much evidence to put other than the one i put in file. Is this approach good?

Or can I appeal with the last application? (The deadline is already passed by 6 months)

My lawyers says we will start a new application but I see online that with out new evidence to support the case they say they will deny the applications based on the old decision.

Thanks in advance

 

[scylla]

HI,

I have applied for spousal sponsorship for my Wife and it was refused in May 2018. I received a letter from CIC that i can appeal in 30 days but I did not appeal at that time and the deadline has passed.

What are my options now? Can I reapply again? I put all the evidence in my file already, I don't have much evidence to put other than the one i put in file. Is this approach good?

Or can I appeal with the last application? (The deadline is already passed by 6 months)

My lawyers says we will start a new application but I see online that with out new evidence to support the case they say they will deny the applications based on the old decision.

Thanks in advance

It's too late to appeal. You would need to reapply. You will need to include additional evidence to make your application stronger.