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Author Topic: File submission for ADR  (Read 294 times)
Curina
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Posts: 53
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« on: February 23, 2009, 06:37:00 pm »

Hello guys,


Just keeping you up to date.  My lawyer advised me today that my file has been submitted to the adr appeal board for my ADR next Friday. A copy has been forwarded to me. Its like a text book.  Carefully and neatly prepared. I am pumped for March 6th. Since our refusal we have accumulated an overwhelming amount of evidence to support or GENUINE RELATIONSHIP. With all of this and they still decide to doubt us, I think I would give birth then and there.

 
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RobsLuv
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Posts: 786
Ratings: 16
Category........: FAM
Visa Office......: Buffalo

« Reply #1 on: February 23, 2009, 10:32:56 pm »

You know we are behind you 100%.  I would tell you one thing: what you need to know is that you are allowed to stop the proceedings and consult with your attorney WHENEVER you choose.  We found this information too late - after hubby had his ADR conference, and I wish he had known this ahead of time.  His attorney never told him this was how things would go and he was completely blindsided.  Be sure you read everything you can about what the ADR conference is for, what the "mindset" going in has to be, and be prepared.  And DON'T let Minister's counsel run away with the conference to serve his/her own agenda.  This is your opportunity to address the reasons the case was refused; if Minister's counsel is unwilling to discuss those reasons, take a break to consult with your attorney and plan a strategy.

Minister's counsel goes into the ADR prepared with your full disclosure - but you've got nothing from them!  Don't let them use that to their advantage. They already have ALL the power, because the concept behind the ADR is about letting them decide whether or not to allow the appeal, based on the recommendation of the facilitator (who is someone they can choose NOT to listen to).  The ADR conference is not an "innocent until proven guilty" thing . . . it's the opposite.  Minister's counsel is going in there BELIEVING the refusal was absolutely merited!  There is no Judge there to make a decision - only a "mediator" to make a recommendation that Minister's counsel CAN choose to reject. Basically, you have to present a case that's so strong that Minister's counsel is convinced they can't possibly win at a full appeal hearing - then they'll allow the appeal at ADR.  Otherwise, they're going in to justify the refusal, and they'd just as soon make you go to full appeal.  Because there's no accountability within the system, it doesn't matter to them in the least if they ultimately fail in the end at a full hearing.  They will defend the IO's decision until you make them stop!

Remember, they are there for one reason and one reason only - to defend the refusal made on your application on behalf of Immigration Canada.
 
Be strong, know your facts, and make your lawyer work for you. 

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Married Sept '06 after 4 yr LDR.  Applied via outland ap in March 2007 -  refused Jan '08 due to inadmissible adult "dependent child".  Appeal filed Jan '08; appeal hearing Jan 2010.  WE WON - FINALLY!!!
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