What is better option challenge in federal court or reapply

[deplix]

I need some expert advice please. my appeal was refuse which is better chance to challenge in federal court or reapply my problem was regarding marriage certificate . they not consider family member as my spouse then i get remarry but appeal was refuse because they said vo decision was right now i am confused can i reapply or challenge to faderal court which option is better chance for succes any expert can help me i am so happy and also want to know if i reapply it will take normal time for process or it will fast who many chance of succes for that.

waiting for reply

 

[zardoz]

I need some expert advice please. my appeal was refuse which is better chance to challenge in federal court or reapply my problem was regarding marriage certificate . they not consider family member as my spouse then i get remarry but appeal was refuse because they said vo decision was right now i am confused can i reapply or challenge to faderal court which option is better chance for succes any expert can help me i am so happy and also want to know if i reapply it will take normal time for process or it will fast who many chance of succes for that.

waiting for reply

I have looked back at your history and personally, from the information that you provided, I think a further appeal would be a complete waste of time and money.

 

[scylla]

I agree. Reapply. You were correctly refused the first time and I think going through the federal courts is only going to result in another refusal and more waiting.

 

[Awesomeg]

I need some expert advice please. my appeal was refuse which is better chance to challenge in federal court or reapply my problem was regarding marriage certificate . they not consider family member as my spouse then i get remarry but appeal was refuse because they said vo decision was right now i am confused can i reapply or challenge to faderal court which option is better chance for succes any expert can help me i am so happy and also want to know if i reapply it will take normal time for process or it will fast who many chance of succes for that.

waiting for reply

Looks like you apply for your former spouse, is that correct ?
Looks like you re - marry another woman.... is that correct ?

But in the case you re-marry your ex wife, it will look like
she marry you just to take the Canadian Residency, which
makes another weak case, with chances of being rejected... again.

You need to talk to an immigration lawyer....
It doesn't look promising, the fact that you remarry makes
your former spouse ineligible ....
It is simple, you can sponsor your spouse,
if she is not your spouse anymore, you can not sponsor her.

 

[wowsers]

After re-reading and puzzling over Deplix's previous repetitious posts, I have I think worked out what the facts are! Deplix's poor English is complicated by her failure to differentiate between herself as sponsor and herself writing as if she were the applicant, ie the man she married .I refer to him like that because the man is clearly not her husband until she remarries him. To take an example of the muddle, her post number 15 dated 23 August 13 is written by her in her capacity as sponsor whereas her post number 14 dated 26 August 13 is written as if she were the applicant, the man she married. The facts as I now understand them are as follows. She came to Canada with her first husband but they had no children. Five months after their arrival in Canada he purported to divorce her, as I understand it extra judicially. So far those facts come from her post number 15. I gather from the VO's reasons set out in post 14 that that extra judicial divorce could not be a valid divorce until it was sent to the Arbitration Council, and that that did not occur until November 2010. I have no idea what the Arbitration Council is but guess that it must be a body which by Pakistani law is given the function of considering and deciding whether an unilateral divorce by a husband is to be allowed to have effect. Unfortunately however the wife jumped the gun and in January 2010, 10 months before the Arbitration Council received the extra judicial divorce, she married again, this time to the applicant. The VO has determined that that second marriage is not a valid marriage because at the time of the marriage she was still married to someone else. My understanding is that under Pakistani law a man can have more than one wife but a wife cannot have more than one husband. If, as appears to be the case, the marriage to the applicant was not permitted under Pakistani law the applicant was not a member of the family class and the application to CIC was bound to fail. The appeal (it was I understand an appeal by the applicant, not by her) failed for the same reason: the VO's decision was correct and there were no valid grounds for appeal. So the question is how she should now proceed. If the divorce by the first husband has now come into force (by reason of its production to the Arbitration Council in November 2010) she is now a divorced woman and free to re-marry. I emphasise the word if because I have no knowledge of Pakistani law and am not expressing an opinion about it. So my advice is that she should re-marry the applicant and once that happy event has occurred he should re-apply. I regret that I do not understand Awsomeg's post. Insofar as it contradicts Zardoz and Scylla's advice it is in my opinion misconceived.

 

[zardoz]

For what it's worth, wowsers analysis matches mine... I also don't understand Awsomeg's post..
There were no grounds for appeal and there still aren't. It would require the rewriting of the history of the application based on later events, which is not what the appeal process is about.

Reapplication, after correcting any anomalies, would seem the only possible course of action.

For reference... Muslim Family Laws Ordinance, 1961

7. Talaq.

(1) Any man who wishes to divorce his wife shall, as soon as may be after the pronouncement of talaq in any form whatsoever, give the chairman a notice in writing of his having done so, and shall supply a copy thereof to the wife.

(2) Whoever, contravenes the provisions of sub-section (1) shall be punishable with simple imprisonment for a term which may extend to one year, or with fine which may extend to five thousand rupees, or with both.

(3) Save as provided in sub-section (5) talaq, unless revoked earlier, expressly or otherwise, shall not be effective until the expiration of ninety days from day on which notice under sub-section (1) is delivered to the Chairman.

(4) Within thirty days of the receipt of notice under Sub-section (1), the Chairman shall constitute an Arbitration Council for the purpose of bringing about a reconciliation between the parties, and the Arbitration Council shall take all steps necessary to bring about such reconciliation.

(5) If the wife be pregnant at the time talaq is pronounced, talaq shall not be effective until the period mentioned in Sub-section (3) or the pregnancy, whichever later, ends.

(6) Nothing shall debar a wife whose marriage has been terminated by talaq effective under his section from remarrying the same husband, without an intervening marriage with a third person, unless such termination is for the third time so effective.

 

[deplix]

Thanx for everone who really help me as i understand otherwwise my lawyer only taking money from me and suggest me to go to federal court an other refusal and waiting more time i want to ask question who is helping me i correct me mistake and get remarried with me same spouse before appeal they not consider that evidence they said its reapply because when u file application your spouse was not member of family class so vo officer decision is correct if i reapply who many chances of winning case and who long it will take is it normal time or faster anyone experience about that please help me looking me friends good suggeation .
waiting for reply

 

[wowsers]

Thanx for everone who really help me as i understand otherwwise my lawyer only taking money from me and suggest me to go to federal court an other refusal and waiting more time i want to ask question who is helping me i correct me mistake and get remarried with me same spouse before appeal they not consider that evidence they said its reapply because when u file application your spouse was not member of family class so vo officer decision is correct if i reapply who many chances of winning case and who long it will take is it normal time or faster anyone experience about that please help me looking me friends good suggeation .
waiting for reply

I only understand parts of your post. May I make a suggestion? Do you have a friend who speaks your language and also speaks good English? If you could contact such a person and ask him or her to write your posts for you, your fellow members of this forum, who I am sure would like to answer your inquiries, would find life much easier! The part of your post which I do understand is the last part, but unfortunately that is a part which I cannot answer because I have no experience of the timescale involved when a person re-applies after curing a defect in his application. My guess is that the timescale is likely to be about the same as the timescale which applied to the first application, with the possibility that the re-application might take even longer than the first time because the VO will be spending time on referring back to the original application. But that is only a guess. I do however have a suggestion concerning the re-application, which is that you should not be tempted to undertake it on your own without the assistance of an immigration agent: your English is really not good enough. Members of this forum will I feel sure do their best to answer any questions which may arise in the course of the re-application even if they arise as a result of communication difficulties with your agent, provided your questions are written in reasonable English. So find someone to write your questions on your behalf

 

[Alurra71]

I only understand parts of your post. May I make a suggestion? Do you have a friend who speaks your language and also speaks good English? If you could contact such a person and ask him or her to write your posts for you, your fellow members of this forum, who I am sure would like to answer your inquiries, would find life much easier! The part of your post which I do understand is the last part, but unfortunately that is a part which I cannot answer because I have no experience of the timescale involved when a person re-applies after curing a defect in his application. My guess is that the timescale is likely to be about the same as the timescale which applied to the first application, with the possibility that the re-application might take even longer than the first time because the VO will be spending time on referring back to the original application. But that is only a guess. I do however have a suggestion concerning the re-application, which is that you should not be tempted to undertake it on your own without the assistance of an immigration agent: your English is really not good enough. Members of this forum will I feel sure do their best to answer any questions which may arise in the course of the re-application even if they arise as a result of communication difficulties with your agent, provided your questions are written in reasonable English. So find someone to write your questions on your behalf

here wowsers, let me see if I can sort of help 'her' translate so you can better understand and maybe help her out? LOL

Thanx for everone who really help me as i understand otherwwise my lawyer only taking money from me and suggest me to go to federal court an other refusal and waiting more time i want to ask question who is helping me

Thank you all for helping me out. My lawyer is only taking my money and suggesting that I should try the federal appeal route even though it is likely doomed to fail and take precious time from myself and my spouse.

i correct me mistake and get remarried with me same spouse before appeal they not consider that evidence they said its reapply because when u file application your spouse was not member of family class so vo officer decision is correct

I corrected the original mistake and have already remarried my spouse, however, the last appeal would not consider this new evidence. They told me that I should re-apply because at the time of my original application my spouse was not legally my spouse and therefore not a member of the family class.

if i reapply who many chances of winning case and who long it will take is it normal time or faster anyone experience about that please help me looking me friends good suggeation

If I were to reapply do you feel I would be successful now that I have corrected the original problem that caused my denial? Would it take the same amount of time as the previous application or would it be faster based on my already long wait? I await suggestions.



There. I hope that makes sense. That is how I understood what they were saying. Yes, I do have entirely too much time on my hands today .... *wanders off to try and find something somewhat productive to do*

 

[wowsers]

Just think! When all this industry was being undertaken I was enjoying a Sunday afternoon snooze! Well done, Alurra! ;D