Sagar5187 said:
Hi All,
My Spousal application got rejeceted. I want a bit of advise.
We are planning to appeal. In the rejection letter they didnt mention any reason. They just mention that the marriage is not genuine.
But thts totally rubbish. We had a genuine marriage.
I want to know isi it so once we appeal and if at all it gets rejected we can not re-apply again?
Also please let me know can we show additional proof in the appeal which were not declared at the time of initial appllication.
Thanks in advance....
If you had an outland application, you may appeal to the IAD. Start here: http://www.irb-cisr.gc.ca/eng/brdcom/references/legjur/Pages/SpoPar.aspx
If you had an inland application, your only option is to file an application for judicial review (outland applicant have this choice as well, but generally it's only advisable if there is an error in law or procedure). The rules for JR are here: http://cas-ncr-nter03.cas-satj.gc.ca/fct-cf/pdf/Consolidated_ImmRules.pdf and you may find the forms necessary to initiate a leave for JR application on the federal court's website (there is a $50 fee). Generally, you would file the application indicating that the "reasons for decision have not been received", at which point the court will issue a Rule 9 letter to CIC demanding they submit a copy of the reasons for the refusal.
Note that in either case there are
strict deadlines that must be obeyed or you lose the right to challenge the decision.
You have the right to use an attorney. It's actually advisable in either situation.
Also, you may order a copy of your GCMS notes: http://www.cic.gc.ca/english/department/atip/index.asp. These notes are basically what gets returned by CIC in response to a Rule 9 letter anyway, but sometimes there is additional information.
I hope this helps.