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What happens when you appeal???

M

Misanthrope

Guest
>What happens if it gets rejected? That is what I am more worried about. What are my chances of it being rejected?

If you get rejected after appealing at both levels, you will need a plan b. Where you going to live instead of Canada? Or what are you going to do?

Your chances of refusal, I cannot say. I am not an IO. I am just going through this same process as other people here.

I looked at some numbers. I estimate under 20 cases a month that make it into CANLII re the genuine marriage question, on the basis of a small sample I took. CIC does about 60K spousal cases a year, based on someone else's estimate given to me, so that is 5000 a month. Sometimes genuine isn't the problem, but rather admissiblility is or whatever. I'm not talking about those, even those had to also qualify as genuine. Of the 20 a month, about one-third were allowed on appeal, the other two-thirds dismissed. Remember, I did only a small sample study, though. I took one month from 2007. So 6 cases that month were errors that got reversed. Most of those had complicated immigration histories such as multiple categories and multiple refusals, and all had people who failed to answer questions fully without many contradictions. People who didn't have much evidence of contact or knowledge of each other. The more evidence you have, the more contradictions they may find, so you must be precise. If they are making one error in a thousand cases, less than two in a thousand, I would have to begrudgingly say they aren't doing that bad, must as I am appalled at many of the decisions they do make. On the other hand, if one-third of the cases that turn on the question of genuine marriage are decided in error, that is not good.

I don't know if every decision gets into CANLII. I suspect not. I don't know how many people give up and do not appeal, genuine or otherwise. So I don't know what their real error rate is, but I would love to see it.
 

Appealling

Newbie
Feb 9, 2012
8
0
RobsLuv said:
If your application is refused and you file an appeal you will first receive confirmation from the Immigration Appeal Division (IAD) that your appeal request was received. Within 120 days after that you will receive a copy of your appeal record, which is basically copies of your application and your CAIPS notes. You might also receive a request from the IAD to provide "submissions and evidence" that will help them decide whether your case qualifies to be heard in an Alternative Dispute Resolution hearing, rather than in full oral hearing before a federal court. If your case qualifies for the ADR process you can expect a hearing date to be scheduled about 10 months after you received confirmation that your appeal had been entered. The ADR hearing is a more informal, "mediation" type hearing where a representative for CIC and you and your counsel meet with a facilitator to try to settle the case without a formal hearing. If you fail, you can either withdraw your appeal or go on to a formal hearing. If your appeal is allowed at the ADR hearing, your file goes back to the original visa office for re-processing. It's hard to determine how long until the visa is issued after the appeal is allowed - it all depends on the visa office and re-processing timelines. Allowed appeals are supposed to be given priority processing, but I've been talking to people who have already waited several months after their appeals were allowed with no sign of progress.
Robsluv,

I did not receive a request from the IAD to provide "submissions and evidence" when I received my copies of my appeals record. Does this mean I am going to a full hearing? Please advise.

It mentions also in the letter that within 20 days of date to submit etc... Can I submit things now or do I need to wait?

Thanks
 

inlimbo

Star Member
Jun 15, 2010
174
9
Category........
Visa Office......
Accra, Ghana
Job Offer........
Pre-Assessed..
App. Filed.......
05-2009
File Transfer...
18-06-2009
Interview........
02-06-10
Appealling said:
Robsluv,

I did not receive a request from the IAD to provide "submissions and evidence" when I received my copies of my appeals record. Does this mean I am going to a full hearing? Please advise.

It mentions also in the letter that within 20 days of date to submit etc... Can I submit things now or do I need to wait?

Thanks
I think the mention that additional evidence in support of your case must be sent 20 days before your ADR or hearing is a mere preparatory suggestion. Appellants may or may not have anything to submit. They're just being so nice to forewarn you that you will have the opportunity to further support your case at that point in time.
 

Habibti

Hero Member
Apr 4, 2011
804
44
Vancouver, Canada
Category........
Visa Office......
Rabat, Morocco
Job Offer........
Pre-Assessed..
App. Filed.......
08-02-2011
File Transfer...
31-03-2011
Med's Done....
10-01-2011 / 06-09-2012
Interview........
12-09-2011 / Denied 4-11-2011
VISA ISSUED...
January 9, 2013
LANDED..........
January 18, 2013 in Montreal
RobsLuv said:
If your application is refused and you file an appeal you will first receive confirmation from the Immigration Appeal Division (IAD) that your appeal request was received. Within 120 days after that you will receive a copy of your appeal record, which is basically copies of your application and your CAIPS notes. You might also receive a request from the IAD to provide "submissions and evidence" that will help them decide whether your case qualifies to be heard in an Alternative Dispute Resolution hearing, rather than in full oral hearing before a federal court. If your case qualifies for the ADR process you can expect a hearing date to be scheduled about 10 months after you received confirmation that your appeal had been entered. The ADR hearing is a more informal, "mediation" type hearing where a representative for CIC and you and your counsel meet with a facilitator to try to settle the case without a formal hearing. If you fail, you can either withdraw your appeal or go on to a formal hearing. If your appeal is allowed at the ADR hearing, your file goes back to the original visa office for re-processing. It's hard to determine how long until the visa is issued after the appeal is allowed - it all depends on the visa office and re-processing timelines. Allowed appeals are supposed to be given priority processing, but I've been talking to people who have already waited several months after their appeals were allowed with no sign of progress.
Very informative and your other posts after that too! I received confirmation from the IAD in Vancouver early January this year. I don't understand why my immigration consultant told me that if I get an ADR it will be sometime this summer and if I get the full hearing it will be in October.
 

Habibti

Hero Member
Apr 4, 2011
804
44
Vancouver, Canada
Category........
Visa Office......
Rabat, Morocco
Job Offer........
Pre-Assessed..
App. Filed.......
08-02-2011
File Transfer...
31-03-2011
Med's Done....
10-01-2011 / 06-09-2012
Interview........
12-09-2011 / Denied 4-11-2011
VISA ISSUED...
January 9, 2013
LANDED..........
January 18, 2013 in Montreal
Misanthrope said:
>What happens if it gets rejected? That is what I am more worried about. What are my chances of it being rejected?

If you get rejected after appealing at both levels, you will need a plan b. Where you going to live instead of Canada? Or what are you going to do?

Your chances of refusal, I cannot say. I am not an IO. I am just going through this same process as other people here.

I looked at some numbers. I estimate under 20 cases a month that make it into CANLII re the genuine marriage question, on the basis of a small sample I took. CIC does about 60K spousal cases a year, based on someone else's estimate given to me, so that is 5000 a month. Sometimes genuine isn't the problem, but rather admissiblility is or whatever. I'm not talking about those, even those had to also qualify as genuine. Of the 20 a month, about one-third were allowed on appeal, the other two-thirds dismissed. Remember, I did only a small sample study, though. I took one month from 2007. So 6 cases that month were errors that got reversed. Most of those had complicated immigration histories such as multiple categories and multiple refusals, and all had people who failed to answer questions fully without many contradictions. People who didn't have much evidence of contact or knowledge of each other. The more evidence you have, the more contradictions they may find, so you must be precise. If they are making one error in a thousand cases, less than two in a thousand, I would have to begrudgingly say they aren't doing that bad, must as I am appalled at many of the decisions they do make. On the other hand, if one-third of the cases that turn on the question of genuine marriage are decided in error, that is not good.

I don't know if every decision gets into CANLII. I suspect not. I don't know how many people give up and do not appeal, genuine or otherwise. So I don't know what their real error rate is, but I would love to see it.
Very very interesting what you wrote! It has been on my mind too! What do couples do if they are rejected??? We don't have a plan B! I cannot move out of the country. I have a son, a land and a house here! And lots of professional obligations! I hope someone can answer your other points! I am very curious to know.
 

gagan88

Full Member
Apr 9, 2012
30
1
Job Offer........
Pre-Assessed..
hi..
i received my appeal record in 40 days.and when will i receive my hearing date?? and how long the entire process can take?
our case got rejected to the small reason that my husband was not present in canada at the time when decision was made.he came to uae right after he got the approval.
 

HARRYMATHAROO

Newbie
May 23, 2014
2
0
my appeal was allowed and after hearing of my appeal case they accept to give the visa .. nd cic forward the appeal to delhi for further .. but it almost 5 months are over ,, did't get any reply from delhi .. plz tell me how much time a taken to complete this process
 

Habibti

Hero Member
Apr 4, 2011
804
44
Vancouver, Canada
Category........
Visa Office......
Rabat, Morocco
Job Offer........
Pre-Assessed..
App. Filed.......
08-02-2011
File Transfer...
31-03-2011
Med's Done....
10-01-2011 / 06-09-2012
Interview........
12-09-2011 / Denied 4-11-2011
VISA ISSUED...
January 9, 2013
LANDED..........
January 18, 2013 in Montreal
HARRYMATHAROO said:
my appeal was allowed and after hearing of my appeal case they accept to give the visa .. nd cic forward the appeal to delhi for further .. but it almost 5 months are over ,, did't get any reply from delhi .. plz tell me how much time a taken to complete this process
This thread is an old one. You may join us here. You will find more info:

http://www.canadavisa.com/canada-immigration-discussion-board/all-spouse-appeal-cases-come-here-and-join-us-plz-t87619.2775.html
 

HARRYMATHAROO

Newbie
May 23, 2014
2
0
HARRYMATHAROO said:
my appeal was allowed and after hearing of my appeal case they accept to give the visa .. nd cic forward the appeal to delhi for further .. but it almost 5 months are over ,, did't get any reply from delhi .. plz tell me how much time a taken to complete this process
 

scylla

VIP Member
Jun 8, 2010
95,816
22,097
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
As Habibti said, join the active / current appeals thread and ask your question there:

http://www.canadavisa.com/canada-immigration-discussion-board/all-spouse-appeal-cases-come-here-and-join-us-plz-t87619.2775.html