Appeal Spousal Sponsorship

[Harisha]

Hello Friends

I had sponsored my husband from srilanka in january 2009.  but now his visa was refused because of the malaysian police clearance.

I had file an appeal and got a ADR Hearing on Sep14, 2011.   My lawyer is telling me that they wont accept in adr hearing, may be they will schudule for full hearing. 

Does any one have expereince in Appeal process?   Could you please share your experience with me.   I do not what they will ask me?

What question they will ask me and how long does it take?  How many people will attend the ADR hearing

[rathika2011]

Hello Friends

I had sponsored my husband from srilanka in january 2009.  but now his visa was refused because of the malaysian police clearance.

I had file an appeal and got a ADR Hearing on Sep14, 2011.   My lawyer is telling me that they wont accept in adr hearing, may be they will schudule for full hearing. 

Does any one have expereince in Appeal process?   Could you please share your experience with me.   I do not what they will ask me?

i send u a private mail.....check ur inbox

What question they will ask me and how long does it take?  How many people will attend the ADR hearing

[RobsLuv]

Typically ADR hearings are beneficial only to cases where refusals are about suspected "non-genuine" relationships and the sponsor can provide additional proofs supporting the relationship.  At an ADR hearing there is a mediator, the appellant, and counsel for the Minister of CIC.  Minister's counsel runs the show and the appellant must convince them that the refusal should be overturned.  That's not easy to do when the applicant was refused because of being criminally inadmissible to Canada.  

At a full appeal hearing there is a better chance because it's a more "traditional" scenario where Minister's counsel presents their case, your lawyer presents yours and a Judge decides.  But basically, when a refusal is about an inadmissibility they usually aren't inclined to allow the appeal, even on Humanitarian and Compassionate grounds.  Not knowing what exactly was wrong with your husband's Malaysian police clearance, it's hard to speculate what might happen or what might be needed in order for you to win your appeal.  If your husband was actually convicted of a crime, he most likely will need to wait until he can apply for rehabilitated status before he will be eligible to immigrate.  They are not really inclined to let people with criminal convictions into the country.  But humanitarian and compassionate consideration can apply when there are extenuating circumstances that surround the conviction, or when there are children involved, or when it's been a very, very long time since the conviction.  Again, lacking details it's very difficult to give you any idea of what you might anticipate . . .  but I doubt very much that you'll get anywhere in an ADR.  Probably will need to wait for a full hearing and hope for the best.

[Harisha]

Hi

Thanks for ur response.  My husband didnot do any criminality in Malaysia.   Its take long time to provide the police clearance from malaysia.  so we couldnot submit the police clearance with in the time.  Thats why they refused the visa for him.  Now we got the police clearnce from Malaysia.

do you think is it possible to win in the Adr or still we need to wait for the full hearing

[canadianwoman]

You should be able to win the ADR, if the police clearance was the only issue. Send a copy to the Immigration Appeal office that is handling your appeal, and also send a copy to the Canada Border Services Agency office handling your case. The Minister's counsel may agree to allowing the appeal even before it is scheduled.

[Harisha]

Thanks for your response.  I had already send my police clearance to the IAD office but I didnot send it to the Canada Boarder Service Agency.  Do you know their address or fax number. 

Can I talk about this case with my MP?  is it a good idea?

[canadianwoman]

The appeal information that the Immigration Appeal division sent you should include the Canada Border Services Agency address. The Canada Border Services Agency is also the office that sent you the appeal record, so the address should be included there somewhere. You can also phone the Immigration Appeal Division that is handling your case and ask to speak to someone about your case, then tell them you now have the missing police certificate. Then ask them what you should do with it, and if sending it to the Canada Border Services Agency will help. It should help - in any case, you have to send all documents you will use in the appeal to both the IAD and the Canada Border Services Agency, and these addresses should be somewhere in the info the IAD sent you about the appeal.

This page has a list of the offices. You should send any info to the one dealing with your case.
http://www.cbsa-asfc.gc.ca/contact/listing/indexpages/index-e.html

[Harisha]

Thanks.   I have my ADR hearing on Sep 14,2011.  I don't know what they will ask me ?   Did you have any experience about adr hearing?

[mirjahan]

Your sponsor was refused from where Mississauga or Colombo?

[canadianwoman]

Thanks.   I have my ADR hearing on Sep 14,2011.  I don't know what they will ask me ?   Did you have any experience about adr hearing?

They will ask you about the reasons the PR application was refused. So look at the refusal letter - whatever reasons the visa officer gave there will be things they will ask you about at the ADR. Sometimes the VO does not give many reasons, in which case the reasons will be explained better in the CAIPS notes. Usually they want you to prove the relationship is genuine, but in your case they may only be concerned about the police certificate.

[Harisha]

The CAAP notes says that he made a mistakes.  In one letter he states he lived in Malaysia for 14 months with one month visa.  In affidit, he says he extened the visa for every months.  Honestly, he lived in Malaysia with one month visa.  It they asked about this, what answer i can tell them

THanks

[canadianwoman]

Just explain it as well as you can, and offer any proof you have - maybe a copy of his passport showing the extensions, for example. You should be prepared to explain anything he said that the visa officer thought was a mistake.

[Stressed wife]

Thanks.   I have my ADR hearing on Sep 14,2011.  I don't know what they will ask me ?   Did you have any experience about adr hearing?

PLZ KEEP US POSTED WHAT HAPPENED IN THE APPEAL

[Harisha]

Hi my friends
I won the adr hearing.  Do you guys know how long it will take to get the visa?

[Kedeisha]

congrats on your win

lets hope they get right back to processing your file so you can get reunited with your husband asap