Reapplying after failed appeal.

[canadianwoman]

My husband is planning to reapply for a PR visa in December, so I am starting to get the application documents organizzed. He applied the first time in January 2007, was refused, appealed, and lost the appeal. So we have three documents - the CAIPS notes from the interview at the embassy, the refusal letter, and the appeal decision - that explain why the government thinks our relationship is not genuine. What do you think I should do about this? Should I attach a copy of the CAIPS notes and the appeal decision, and point by point write an explanation of why I think what the VO and the judge said was wrong, with evidence? Or should I just make a normal application and not reference the previous decisions at all? I would really appreciate any advice on how to organize this.

[CharlieD10]

This is just my opinion, based on a lot of case reading on CanLII, more experienced and learned users may disagree.

I would not reference the previous decision at all, in terms of addressing the points.  Insofar as CIC is concerned, that application was made and dealt with and having been dismissed on appeal, any attempts to disagree with or disprove the points made in the appeal fall under issue estoppel.  It would be the same parties involved, the same question and the outcome was final.   

This new application should not give the appearance of being made because you are still trying to argue the denial of that previous application.  You are making a new application, based on evidence from your relationship as it stands now.  Whatever you present in support of this application should be "fresh", it should show that you have a genuine and subsisting marriage and your spouse is your spouse for all intents and purposes, not so he can gain status under IRPA.  It should be clear from this application that you have been through some very hard times together, and yet this has not broken your relationship, rather you have both adjusted your lives to deal with the consequences.

The CAIPS notes will already be on file.  Whoever handles the new application will see what went before.  Your focus should be on presenting him/her with an application that acknowledges the past challenges without appearing to go back over the same ground.  You want them to see you and your husband now, not as the same people who lost a previous appeal.

Just my tuppence. 

[Kedeisha]

I am glad u are finally gonna apply again
 & I agree with Charlie don't try to point out why they were wrong thats what the appeal was for rather focus on a fresh new application where you can show you are genuine not out to prove them wrong

good luck

[aziz2010]

My husband is planning to reapply for a PR visa in December, so I am starting to get the application documents organizzed. He applied the first time in January 2007, was refused, appealed, and lost the appeal. So we have three documents - the CAIPS notes from the interview at the embassy, the refusal letter, and the appeal decision - that explain why the government thinks our relationship is not genuine. What do you think I should do about this? Should I attach a copy of the CAIPS notes and the appeal decision, and point by point write an explanation of why I think what the VO and the judge said was wrong, with evidence? Or should I just make a normal application and not reference the previous decisions at all? I would really appreciate any advice on how to organize this.

hi this is Aziz from Morocco my wife is from canada it happened to me the same thing that happened to you my appeal was dismissed for no important reasons so me and my wife filed another sponsorship on august 23, 2011 to prove our marriage is genuine and we will never quit til i am with my wife because we suffer from being apart this is just not fair, so i advise you to keep going and prove your marriage is genuine good luck to all of you.

Aziz

[Quince777]

hi this is Aziz from Morocco my wife is from canada it happened to me the same thing that happened to you my appeal was dismissed for no important reasons so me and my wife filed another sponsorship on august 23, 2011 to prove our marriage is genuine and we will never quit til i am with my wife because we suffer from being apart this is just not fair, so i advise you to keep going and prove your marriage is genuine good luck to all of you.

Aziz

What was the grounds for refusal?

[Kedeisha]

the grounds were they didnt believe their marriage was real

[aziz2010]

What was the grounds for refusal?

hi they thought our marriage is not genuine now we are married 5 years ago

Aziz

[reginac]

 @  canadianwoman

I'm in the same situation here, I didn't appeal 'cause I applied inland so I had to leave the country and come back to my hometown. I applied outland again in August and I got so many advise from people in this forum. I will recommend you to start a new application answering every single question again, also add a page explaining how difficult is for you and your hubby to be apart from each other but even with the distance your relationship is strong and continuous. Be sure to prove that with airplane tickets, emails, phonecalls, skype conversation, money orders, etc...  I know you have to answer the background form and write about the refusal and appeal, I will recommend to send any caip notes that you have, because if you don't send it the officer will go to the file to get it and this would cost  delays in your processing time. You can explain some points of the caip notes you're not agree with, but always do it If you have proof of what your saying.  Don't focus your application on the decision made before because you're application is being review by a new officer who can't make a decision based on what happened before but based on what he/she has on his/her hands.
Good Luck and a new application means a new opportunity for you two!