It's important to remember that the ADR process is the sponsor's process, not the applicant's. Only the sponsor attends the ADR hearing, with their counsel, and they meet with Minister's counsel and a DRO (as was mentioned earlier) to discuss the merits of the appeal and decide whether it's likely it would be allowed (or decided in your favour) at a full appeal hearing. If the DRO thinks the appeal will be allowed at a full court hearing, s/he will recommend to Minister's counsel to consent to allowing it without a full hearing. The ADR process is a type of mediation to try to settle things to save the court the time involved for a full appeal.
It's important to know that even if the DRO recommends to Minister's counsel that s/he consent to allow the appeal and avoid a full hearing, Minister's counsel does not have to take that recommendation. That's what happened in our case, and apparently in indimer04's case also. If Minister's counsel does not consent, your sponsor has the right to withdraw the appeal, or to go ahead to a full appeal hearing. In our experience it took a year to get to the ADR hearing, and it's been 8 months since and we still don't have a date for a full appeal hearing but, for now, we don't have the option to scrap the appeal and start over with a new application. That's really the biggest consideration . . . whether it's best to go ahead with appeal, or try a new application, depends on whether or not you think you can resolve, in a new application, the issues that resulted in the refusal of the first ap. If you can, and if it would be cheaper (definitely) and faster (maybe) to simply re-apply, then your sponsor might decide not to pursue a full appeal if the ADR fails. But she should at least attend the ADR hearing - and provide as much evidence as possible before the hearing to support your case. You cannot submit new evidence at the hearing - it must be submitted to Minister's counsel and the IAD at least 20 days prior to the hearing date.
Also, when submitting evidence to support your case before the ADR hearing - keep in mind what a refusal on "non-genuine" grounds means. It means that the officer assessing your PR application believed that the relationship was entered into solely to facilitate your permanent status in Canada. If you did not submit much evidence of the development of your relationship with your PR application, you would probably have been asked to attend an interview. Did you have an interview? If so, even based on the results of the interview, the IO did not believe you are not just using the relationship to get into Canada. So that's what your case has to disprove . . . many IOs (and appeal panels) believe that the sponsor is genuine about the relationship, but that the applicant is only in it for permanent status. That's the fight you guys have to win. Your wife really needs to read the CAIPS notes that came with the Appeal Record (no matter how many pages) because there are important clues in those notes that can help your case. She also needs to make sure that the Appeal Record contains all of the evidence that was submitted with the original application. This is the evidence that Minister's counsel will be reviewing prior to the ADR hearing, as well as the additional information your sponsor submits prior to the hearing. IF it is not complete, it will make the case much harder to prove and Minister's counsel likely will not consent to allow the appeal with a full hearing.
hello robsluv thanks for sharing information.
why had you to wait so longer just 10 months to get ADR and now 8 more months not hear from them.. i can understand its really hard, we got our ADR date after 6 months of submitting appeal.
but i waited 2 and half years for my wife's divorce, then two years after marriage this visa process only true lovers can wait longer dont give up you will win too inshallah and i will also win inshallah ul aziz.
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