What happens when you appeal???

[marge]

I appealed for husband 2 months ago (he lives in India). What is the whole process with appeal? Do i only get a interview if they approve of my marriage being real? Or do i get to do the interview and then they approve or reject?

 

[marge]

can anyone help me please.

 

[BettyPage]

Once you file the notice of appeal they can take up to 120 days to get a copy of your file from the embassy. You will be notified with an appeal date after that time, they will decide if it's a case that may be resolved via (ADR) dispute resolution or not. You will also be asked to prepare/submit evidence to support your case. At this point it's up to you to hire a lawyer or not. If you win at the ADR or appeal then the embassy continues with your application process.


Good luck

 

[jessica]

I heard it takes 8 months? Is that also true

 

[jessica]

marge, i replied back to you in ur inbox

 

[RobsLuv]

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.

 

[marge]

RobsLuv,


Thanks for the detailed message. It takes 10 months to get your interview date? Do they give you the interview date only if they approve of you and then they approve again to make sure its real?

Does anyone know where I can get the correct timeline process because i keep getting different answers.

Since i appealed 2 months ago that means i have almost a year to go?! Oh my

Thanks for taking the time to read my question and concerns

 

[RobsLuv]

It's not an "interview" per se - it's a hearing. If you have an appeal in process, it's because your case was refused and that means you have to have a hearing to try to get the decision overturned. So, no - having the hearing does not mean you've "been approved" - only that they're ready to hear your side of the story.

"Full" hearings happen in Federal Court, before a Judge and, from what I understand, those take over a year to schedule. So the IAD is trying to 'streamline' the processing of appeals by determining which ones can be heard at a more informal hearing . . . the Alternative Dispute Resolution conference/hearing. If your case qualifies to be heard at an Alternative Dispute Resolution conference/hearing you can expect an earlier date - but ours, which is scheduled for December, is still happening more than 10 months after they confirmed receipt of our appeal request. In fact, it's happening almost a year to the day that the IO refused our application. It is possible your appeal will be allowed after the ADR hearing (meaning you "win") - but if your appeal is not allowed at the ADR conference, you will have the choice to withdraw your appeal or request a hearing date in Federal Court.

You filed your appeal request 2 months ago? Have you gotten confirmation from the Immigration Appeals Division that your appeal was received? If so, figure about 10 months from the date you received that before you are scheduled for an ADR hearing - if your case is considered for ADR. You should be getting your appeal record within the next 6-8 weeks, and hopefully you will get a request for "submissions and evidence", which is the IAD asking for more info so they can decide whether your case qualifies to be heard at an ADR. If you read through the info at these links you'll learn more about what to expect in your particular case. The info on "Streaming" cases is probably the most helpful as it lists the various reasons applications are refused and can give you an idea as to whether or not your case might be considered for ADR.

Appelant's Guide to ADR Conference Regarding Sponsorship Appeals
Procedures for Streaming IAD Cases

 

[marge]

I really want to get approved so what are some DON'TS so that I wont get rejected?

What are some of the reasons peopel get rejected and what kind of questions do they ask us?

 

[RobsLuv]

Your questions are a little confusing - it sounds like you're still considering the hearing to be more like an interview. Maybe if you could give us more information as to what reason was given for your application being refused? An appeal hearing is very different from an immigration interview.

 

[marge]

my application was refused because my husband got really nervous and just froze and his answers were blank and they thought our marriage was a fake.

I am taking a lawyer with me to my hearing. So at the hearing, they want to hear what i have is different and to show that my marriage is not a fake. but they will stil ask me questions wont they?

 

[RobsLuv]

Yes, they will be trying to determine whether your relationship is genuine. What that means is that they want to know that you didn't just marry your husband (or your husband didn't just marry you) so that he could come to Canada. And, apparently, you did not provide enough evidence and documentation of your relationship to satisfy the IO - resulting in the interview where you husband was unable to convince the IO that the relationship was not just about him finding a way to Canada.

What you'll need to be able to do at the hearing is demonstrate that you and your husband are a genuine couple. I don't know what questions they will ask, or what evidence they will require but your lawyer should be helping you with this before the hearing. This is the most common reason that spousal/common-law applications are refused, so he should be well versed in how to handle this type of situation.

Our application was refused for a different reason, and we haven't had our hearing yet.

 

[Misanthrope]

You applied to appeal the decision. If you win at appeal, you may get back into the queue to have your case looked at by CIC again within a year from the time you initially applied. Yes, if you choose to appear at the hearing, which you both should if you can, even if by teleconference, you will give evidence, ie, be asked questions. It's not just an interview, though. I understand it's more formal, more like court. I have not had to appeal, so I am only going based on what I've read and heard.

The IAD appeal can be a full hearing or may be done at simpler levels such as by submissions or through something like mediation. Federal Court is for appealing the decision at the IAD, if you are not satisfied with it. Then it's a judicial review by a real judge. Here are a couple such cases. As you can see, they were refused by the visa officer, and then the IAD hearing confirmed that, and they are appealing again:

http://www.canlii.org/en/ca/fct/doc/2007/2007fc1051/2007fc1051.html
http://www.canlii.org/en/ca/fct/doc/2003/2003fct685/2003fct685.html

The IAD hearing is a full hearing, although deference is given to the visa officer's decisions. They are not just dismissed outright and you start over. The "judge" or panel will decide whether they were correct or not, and consider them as part of the IAD decision.

 

[marge]

What happens if it gets rejected? That is what I am more worried about. What are my chances of it being rejected? I am 20 years old and my husband is 23. Im worried they are going to look at me to be too young and forced into some marriage by parents, which is not true.

 

[marge]

RobsLuv and Misantrhope ..Thanks for the help!