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Appeal disaster

canadianwoman

VIP Member
Nov 6, 2009
6,200
282
Category........
Visa Office......
Accra, Ghana
Job Offer........
Pre-Assessed..
App. Filed.......
30-01-2008
Interview........
05-05-2009
My husband had his appeal today, and it was a disaster. Look at the ridiculous questions they asked us:
1. My husband's first language is not English, but he can speak it. But not well enough, I guess. They talked to him over the phone and they had a hard time understanding him. The judge chewed my lawyer out for not asking for an interpreter. I could understand everything he said, though. One time I repeated what he said, and the judge told me to shut up - I realize I'm not supposed to talk out of turn, but I could have cleared up some confusion if they had just let me. The two lawyers there were not native speakers of English themselves, which didn't help. When my husband said "three rooms and parlour", for example, they clearly had no idea what he meant, so I finally clarified "he said 'parlour'", but they still didn't understand, because they don't know the word 'parlour.'
2. I said my husband was kind to me and took care of me well; as examples, I said that when I visited him he cooked for me, brought me breakfast, washed my clothes and cleaned the apartment. The government lawyer wanted to know if I wanted my husband to come to Canada just so I would have a household servant.
3. They asked him what illnesses and chronic conditions I have, and he knew. But they then asked him the names of the medications I take, and how many pills I take every day. He was able to describe an asthma inhaler, but didn't know the names of the pills. I asked my sister - her husband of 25 years doesn't know the names of her medication either, and he is the one who picks it up at the pharmacy. As for the number of pills I take a day, it depends (based on blood sugar testing); my husband tried to explain this, but the judge said, "he's not answering the question. Just give us a number!" But 'just a number' isn't the right answer.
4. They kept on asking me if I would really be willing to go to live in Nigeria with my husband if the appeal is refused. Clearly, they didn't believe me when I said 'yes.'
5. They wanted to know why no one from my family was there at the appeal. My parents are both very sick - which was fully canvassed at the appeal, since it is the reason I came back to my hometown, leaving my husband. My sisters had to work. They also wanted to know why all the letters of support were from his family and friends, not mine. (My explanation, though I didn't say it: it is his intentions that are suspect, not mine. I have nothing to gain by marrying him.)
6. They asked him the name of the beach I go to in Saskatoon. My lawyer finally piped up and said, you know, the beaches in S'toon don't have names. They also asked him the name of the swimming pool I go to. My husband has never been to Canada - I think being able to pronounce 'Saskatoon, Saskatchewan' is probably good enough in the place name section of the interrogation.
7. My husband is very upset, and he keeps on saying, "but I knew everything they asked me!" And actually he did know almost everything, and we didn't contradict each other. My lawyer pointed out in her summation that "basically, you know, their answers were the same." And yet it seems that it was a disaster. The Minister's counsel and the judge were very disapproving. The judge was exasperated with him, and when his answers were too long kept on telling him to stop. Sometimes he would be trying to explain what he meant, and the judge would just get angry and tell him to stop talking. She said he was evasive, but it didn't sound like it to me or my lawyer - sometimes they asked him the same thing 10 times, true, but the first 5 times he didn't understand them, then the next 3 they didn't understand his answer, and the last 2 the judge was annoyed and started yelling (or maybe 'talking forcefully') at him. Once the judge said, "we've asked him 8 times when they decided to get married, and he can't answer," but I understood what he said: he said "I decided to get married in 2002, but my wife didn't decide until 2007." (That's true.)
8. The judge more or less said it is a marriage of convenience. My husband and I have been dating since 2001, so I would like to know how many marriages of convenience are contracted for 9 years. Mind you, we are getting better at this - at the embassy interview, the visa officer didn't believe we had known each other since 2001; they did at least seem to believe we knew each other back then this time.

Well, I just thought I'd vent.
 

michaelab

Hero Member
May 25, 2010
313
9
Category........
Visa Office......
Buffalo -> Detroit
Job Offer........
Pre-Assessed..
App. Filed.......
24-06-2010
AOR Received.
3-09-2010
File Transfer...
27-07-2010 (to Detroit 15/09/10)
Med's Done....
27-05-2010
Interview........
waived
Passport Req..
04-10-2010
VISA ISSUED...
15-10-2010 (arrived 01-11-2010)
LANDED..........
23-12-2010
Wow! I cannot believe how they treated you guys at the appeal hearing! It's like they already made up their minds before they heard what you had to say. It seems so unfair. You are right, no marriage of convenicence would have lasted 9 yrs!! I hope they were smart enough to see that. If he gets denied, it is a perfect example of how the system isn't working as it should.
 

tgchi13

Hero Member
Nov 25, 2009
452
22
Ontario Canada
Category........
Visa Office......
NY via Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
June 08
File Transfer...
05 August 08
Med's Request
April 08
Med's Done....
June 08
Interview........
12 Nov 09
Passport Req..
none
VISA ISSUED...
refused Nov 09
I don't know what to say that could possibly help either or both of you feel better, although I truly wish I did. Get some sleep. Think for a few days and regroup. Like I say to my partner, ours is a marriage of true love and inconvenience.
 

Mrs. Turan

Hero Member
Mar 11, 2010
211
13
Vancouver Island, Canada
Category........
Visa Office......
The Canadian Embassy, Ankara, Turkey
Job Offer........
Pre-Assessed..
App. Filed.......
05-03-2010
File Transfer...
06-05-2010
Med's Request
29-07-2011
Med's Done....
20-08-2011
Interview........
23-06-2010
Passport Req..
09-11-2011
VISA ISSUED...
18-11-2011
LANDED..........
25-12-2011
I'm so sorry for what you and your husband had to go through. It sounds terrible. I can only imagine how worried and frustrated you are. It sounds like you two did your best under very stressful circumstances and you were treated very unfairly. Wow I admire what you and your husband did to get through the appeal process! It sounds so complicated and they sound very aggressive. Not knowing english well is obviously a huge drawback. I just say that because my husband doesn't speak english at all yet. There is nothing easy about appealing your case, in general, is there? Big *hugs* Hoping the very best for you both.
 

JimM

Hero Member
Sep 7, 2009
303
20
Category........
Visa Office......
Ottawa
Job Offer........
Pre-Assessed..
App. Filed.......
26-07-2012
I'm sorry they put you through that. It does seem like they made a decision before the hearing even started. :(
 

smiler 11

Hero Member
Mar 26, 2010
611
39
Category........
Visa Office......
london
NOC Code......
7216
Job Offer........
Pre-Assessed..
App. Filed.......
08/11/2010
Nomination.....
.....
AOR Received.
.22/02/2011....
IELTS Request
submitted with app
File Transfer...
.....28/03/2011 approx
Med's Request
.....13/10/2011
Med's Done....
......02/12/2011
Interview........
.....
Passport Req..
30/01/2012
VISA ISSUED...
.....
LANDED..........
asap ;0)
That is very sad for what they have put you both through, hope all works out in the end.
 

bobshynoswife

Hero Member
Nov 16, 2009
717
64
123
St Albert, AB
Category........
Visa Office......
Accra
Job Offer........
Pre-Assessed..
App. Filed.......
18-05-2010
File Transfer...
22-06-2010
Interview........
24-08-2010
VISA ISSUED...
24-08-2010
LANDED..........
09-09-2010
Oh, I am just sick reading this today. I am so sorry hearing this, and I know your husband is a kind and loving man and he must just be devastated. As are you, I'm sure.

I have no idea how appeals work, but perhaps it was rough but the appeal can still be allowed?

I've never felt less proud to be a Canadian since I started the immigration process. How our government treats it's citizens and their spouses can be disgusting. All of this done behind closed doors, playing with our lives, while the general public has no way of knowing this happens. Doesn't feel like freedom to me.
 

sbwv09

Hero Member
Feb 18, 2010
869
42
Category........
FAM
Visa Office......
Buffalo/NYC
App. Filed.......
May 17, 10
File Transfer...
June 22, 10/August 31, 10 (to NYC)
Med's Done....
April 6, 10
Passport Req..
September 13, 10
VISA ISSUED...
9/28, Received 10/21
LANDED..........
10/22/10
JimM said:
I'm sorry they put you through that. It does seem like they made a decision before the hearing even started. :(
Exactly. We went into this thinking it would be easier than the US process.. wrong there!! Even just the way the basic paperwork is set up is absurd, let alone the appeals process! My hubby and I were discussing it with a couple we know (also US/CAN) who are both highly educated and we all agreed that it's very biased from the beginning against anyone who may not speak good English or doesn't have much education. I felt like an idiot trying to do the paperwork, and I have a Masters!

I really hope it all works out in the end. If not, take it to the media.
 

britincanada

Hero Member
Apr 15, 2010
570
21
Hamilton Ontario Canada
Category........
Visa Office......
LONDON
Job Offer........
Pre-Assessed..
App. Filed.......
01-06-2010
Doc's Request.
WAIVED
AOR Received.
31-07-2010
File Transfer...
29-06-2010
Med's Done....
22-03-2010
Interview........
WAIVED
Passport Req..
26-08-2010
VISA ISSUED...
26-08-2010
LANDED..........
29-09-2010
Wow I am so sorry to hear that you and your Husband were treated like that. Its clear to me that your Husband did not get a fair trail/hearing..thats disgusting..It sounds like they already had their minds made up and deliberately asked him silly questions that not even my Canadian born English speaking Husband would be able to answer...And asking you if you wanted him as a slave?? Sorry servant..but they clearly meant slave I would take as a racial attack...well thats my personal opinion..is there nothing you can do? That wasnt right at all!! And why wouldnt you want to move to Nigeria if thats what it took to be together..I think we would all agree that if you really love your spouse you would live on the moon if thats what it took to be together!! These people have clearly NOT been in your position which is what makes this whole immigration process so hard!!
 

Dayanara

Star Member
Jun 1, 2010
187
11
Brampton, ON
Visa Office......
Buffalo
App. Filed.......
13-07-2010
AOR Received.
07-09-2010
File Transfer...
16-08-2010
Med's Done....
20-05-2010
Passport Req..
30-09-2010
VISA ISSUED...
07-10-2010
LANDED..........
07-10-2010
That is disgusting. They definitely had made up their minds before it even started.

I am so sorry that had to happen that way and I hope that despite what happened they come around and approve the appeal. I will keep my fingers crossed for you.
 

richie4U

Star Member
Mar 29, 2010
95
0
Category........
Visa Office......
ACCRA GHANA
Job Offer........
Pre-Assessed..
App. Filed.......
12 october 2010
File Transfer...
15 november 2010
Med's Done....
08 august 2010
Interview........
01 febuary 2011
VISA ISSUED...
01 febuary 2011
LANDED..........
08 febuary 2011
ohhhhhhhh that so sad i feel like this should not be happening to couple why cant these people see that they are hurting couples. i hope you get another option to go about it.
 
I

iarblue

Guest
Good god thats ridiculous.Do they honest to god think a couple that were doing it for convience would hold out for nine years,do they actually think they would hold out for a year or more for an appeal.Anybody would have given up long ago if it was not for love.This is just too crazy.
My heart goes out to you.
 

Waiting4ever

Full Member
Jun 14, 2010
26
0
Cananda
Category........
Visa Office......
Singapore
Job Offer........
Pre-Assessed..
App. Filed.......
24-02-2010
File Transfer...
01-04-2010
Passport Req..
23-06-2010
VISA ISSUED...
15-07-2010
It is outrageous how they treated a 9 years relationship so lightly. I'm sorry to hear what happened to you and I feel your pain.

I saw a clip last night on CBC about an immigration case, a woman was denied visa to attend her mother's funeral. After the story went public she was finally granted the visa. The full story is on CBC website:

http://w w w.cbc.ca/thenational/indepthanalysis/gopublic/story/2010/05/03/bc-visarefused.html

http://w w w.cbc.ca/thenational/indepthanalysis/gopublic/story/2010/07/05/bc-gopublicupdate.html

Perhaps you want to "go public" with your story? "Go Public" is an investigative news segment on CBC.
 

minna

Hero Member
Jun 2, 2010
366
10
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
16/07/2010
AOR Received.
08/09/2010
File Transfer...
19/08/2010
Med's Done....
13/07/2010
Interview........
WAIVED
Passport Req..
30/11/2010
VISA ISSUED...
15/12/2010
LANDED..........
18/12/2010
I'm so sorry you and your husband had to go through this! That's just awful.

What did you lawyer say afterwards? Would your lawyer support you going public, because I agree, you may need to do something to put pressure on CIC to correct this situation. Can you report the situation to anyone else? Contact your MP? I hope there is some kind of action you can take.
 

angelbrat

Hero Member
Oct 31, 2009
857
76
Try the media......tell them your story...see if a local or national will respond.

Shout about this until you are hoarse....this isn't right...you know it and most of us here know it.

Apart from that, all I can do is cross everything possible and wish you both the best of luck.