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Appeal disaster

BeShoo

Champion Member
Jan 16, 2010
1,212
36
Gatineau
Category........
Visa Office......
CPP-Ottawa
Job Offer........
Pre-Assessed..
App. Filed.......
29-01-2014
AOR Received.
28-02-2014
File Transfer...
03-03-2014
Med's Request
19-06-2014
Med's Done....
07-08-2014
Interview........
None
VISA ISSUED...
02-04-2015
LANDED..........
13-04-2015
I'm saddened to hear about your decision, and about the loss of your mother too. It's no good reapplying unless you have significant new evidence that didn't come up the first time. I think it will take time for that to accumulate and I think you probably have no choice but to go live with your husband for a time.
 

locolynn

Hero Member
May 19, 2008
412
16
Category........
Visa Office......
Rabat
Job Offer........
Pre-Assessed..
App. Filed.......
24-04-07
AOR Received.
08-06-07
Interview........
06-12-07/09-24-08/09-27-11
BeShoo said:
you probably have no choice but to go live with your husband for a time.
Canadianwoman...I don't know what your situation is, but if you are going to leave Canada to go live with your husband anyway...you could always go to Taiwan, China or Korea to teach English. They will give your husband a spousal visa attached to your work visa. He could also study Chinese, or even learn English...after 1 year of living in that country you can apply through that office...you may have better luck!

I've taught in both Taiwan and Korea. I brought my husband with me to Taiwan as well, so I have lots of experience. If you want more info, feel free to private message me.

Lynn

P.S. After leaving I learned that the Taiwan office apparently has one of the lowest rates of rejections. If only we knew that when we lived there!
 

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
He's in Malaysia right now. I will most likely go there to live with him. Did your husband have any trouble getting a spousal visa attached to your work visa? Or did having your husband with you make it harder to find a job, given that it is more paperwork for the school?

Thanks everyone for your good wishes.
 

locolynn

Hero Member
May 19, 2008
412
16
Category........
Visa Office......
Rabat
Job Offer........
Pre-Assessed..
App. Filed.......
24-04-07
AOR Received.
08-06-07
Interview........
06-12-07/09-24-08/09-27-11
canadianwoman said:
He's in Malaysia right now. I will most likely go there to live with him. Did your husband have any trouble getting a spousal visa attached to your work visa? Or did having your husband with you make it harder to find a job, given that it is more paperwork for the school?

Thanks everyone for your good wishes.
none whatsoever. I went first, and the school did my papers, then he followed and we did his. I just had to pay and do all the legwork for the paperwork which was super cheap and the process was fairly straightforward.

Good luck!
 

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
:( :( :( :(

This is terrible and devastating.. All I hear when I'm in Canada is about how open and accepting you are, and how this is the best country in the world.. but it's very hard to believe when you hear a story like this.

I know you are very tired and still regrouping, but I hope that you will consider taking this story to the press, as well as filing a formal complaint against the racist remarks that were said at your appeal. This needs to get out there.. people need to know how the spouses of Canadians are being treated, and how lives are being ruined every day by ignorant IOs and judges. I'm sure that everyone that hears your story will be as outraged as we are. Have you tried contacting your MP?
 

nyssa

Hero Member
May 14, 2009
969
44
124
Midwest, USA
Category........
Visa Office......
Buffalo, USA
Job Offer........
Pre-Assessed..
App. Filed.......
30-07-2010
AOR Received.
22-09-10
Med's Done....
09-01-2010
Interview........
WAIVED
Passport Req..
06-10-2010
VISA ISSUED...
06-11-2010
LANDED..........
06-01-2011
sbwv09 said:
:( :( :( :(

This is terrible and devastating.. All I hear when I'm in Canada is about how open and accepting you are, and how this is the best country in the world.. but it's very hard to believe when you hear a story like this.

I know you are very tired and still regrouping, but I hope that you will consider taking this story to the press, as well as filing a formal complaint against the racist remarks that were said at your appeal. This needs to get out there.. people need to know how the spouses of Canadians are being treated, and how lives are being ruined every day by ignorant IOs and judges. I'm sure that everyone that hears your story will be as outraged as we are. Have you tried contacting your MP?
I agree completely. If for nothing else than helping a future couple not go through the pain you have had to go through. I shared your story with my family and they were shocked... how are we not beyond that in this day and age? I wish you all the best and hope you do consider taking it to the media and informing the public what can happen behind the scenes.
 

odethe

Full Member
Jul 8, 2010
49
0
Turkey
Category........
Visa Office......
Turkey - Ankara
Job Offer........
Pre-Assessed..
Med's Done....
06-03-2010
I am so sorry to hear about your mom. may she rest in peace!!!
and the appeal decision. I didnt expect this. I was almost so sure that your appeal would be accepted.

While reading your posts I really cried out for you. I will keep praying for both of you. You two need each other more than before now. Please, do not forget to take care of yourself. It is very important for you to stand still and be strong. So you need your physical energy at most. I know it is easy to say for us and not that easy for you but please just hang in there!!!

hugs*
 

Black-Berry

Hero Member
Jul 15, 2010
512
45
Category........
Visa Office......
Vegreville And Nanaimo
Job Offer........
Pre-Assessed..
App. Filed.......
25/01/10
Doc's Request.
27/07/10
File Transfer...
20/10/10
Interview........
November 29th, 2010
LANDED..........
March 29th, 2011
Canadianwoman i just wanted to reach out to you. Keep your head up. It gets harder before it gets better. I hope you can find something that works for you meanwhile as you await your next step.
i know its easier said than done but stay positive.
I too was married to my husband in 2001 so i am freaking out totally although we are both in Canada and have three kids between then and now. Could the decision be basd on the fact that hes from an African country also??.
I think it is unfair but i think it should be reasonable!. Hugggss to you and good luck!!
 

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
Well, honestly I think racism is playing a role here. The visa officer seemed racist to me and to my husband at the interview, but at the time I sort of talked myself out of thinking that way, because after all their job is to uncover scams and fake applications, so perhaps being rude is just their way of doing their job. However, ever since then the interview and the visa officer's CAIPS notes have been a problem. My lawyer stated that the CAIPS notes were not a true representation of what was said at the interview, but the appeal judge refused to believe it because she said the visa officer is neutral and would have no reason to lie. My lawyer said afterward (to me) that yes, the visa officer would have no reason to lie, unless of course she is racist. To be fair to her, she may also have misunderstood things we said, not just deliberately misrepresented them.
Still, I can't help noticing that same-race couples seem to get accepted more easily at the Accra office.
There is not much you can do about it though, because these things are judgment calls and it's hard to prove someone is racist.
Thank you again for your good wishes.
 

scylla

VIP Member
Jun 8, 2010
93,598
20,902
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
I just wanted to say that I'm sorry you're going through all of this. :(
 
B

buddhadimple

Guest
Hi Canadianwoman,

I'm really sorry for your loss (both of them). I don't know how I'd cope in your situation. I think I'll just come right out and say it: I'm pretty racist; not intentionally, but I am. It's weird, I grew up with an EXTREMELY liberal parent who taught me before even Kindergarten about Homosexuality, Racism, "Class" systems, etc. My (gay male) role model (my mom's best friend) died of AIDS when I was a young child which was a tough lesson in life. I even remember asking for a "Fortune Teller" doll for Christmas (a blonde doll with a little silver wand) and got the same doll but it was Black. I remember being really upset that I got "some Black doll" instead of the pretty blonde one. That's when my parent taught me about racism. I began to love my Black doll and wouldn't trade it for anything else. It was better and more unique than any of my friends' dolls and they loved to come over and play with it.

I guess the reason I'm saying this is that, while I don't "mean" to be racist, I am in some ways. I mean I have worked and studied in Social Justice and thought deeply about things that affect people based on ethnicity, and yet.. Well, I was in an airport in Calgary when I saw a group of -very- black men (not milk chocolate - black) sitting together in a row of seats. The airport was entirely crowded and there were not enough seats to go around. Except for one thing - no one was sitting in the seats on the other side of the aisle that faced these men (the seats are back-to-back, and each row faces the next). I'm lazy, so I sat directly across from them. One looked up, and smiled. I smiled back. As the aeroplane was starting to accept passengers, we lined up so that I followed them. One of them said something about the weather, and as I was returning home from a Business trip in Toronto, I mentioned that I couldn't wait to get home. He asked where "home" was, and I said "Victoria". He said it was his home too. Things were taking a while so they went off somewhere and I boarded the plane. I was at the very front so I could see in the little "tube" thing that you cross to board the plane. It was dark until I saw these white teeth, eyes, and eventually the palm of a hand. It was the same guy at my window, smiling and waving. He got on and as he walked down the aisle, we smiled.

That was that. We got to Victoria and got our luggage and didn't say a word until one night, when a friend and I were driving through downtown, we saw him. I pulled over and we said "hello" and exchanged phone numbers. He was from Sudan, but later moved to Ethiopia before moving to Canada. He wanted to meet for coffee in a completely platonic way and I agreed. He was very nice and had a wonderful smile, and when we talked, we talked about Canada, about Sudan and Africa in general, as well as the rough life he led as a child (having to wield a gun around at a young age, even killing people during war at the age of 12, etc.). We get along very well and have similar views on life and society, and since then we've gotten together a number of times.... and yet, whenever we meet, I make sure it's in a public place. It's ridiculous, I know! But I always think, "Sure, he's fine. But if I went to his apartment, would he have a bunch of scary Sudanese roommates?" It's utterly racist and I know better, but it's like I can't help myself. I guess we fear what we don't know, and Victoria is the "whitest city in Canada".

I'm the first one who usually says things like, "What does he see in a Canadian woman?" or "What does she see in a Nigerian man?" but reading your posts, it's obvious you are in a legitimate relationship. I'm really sorry about what happened, especially with the loss of your mother at the same time. It sounds like the conference call (was that what it was?) was a Communication nightmare! I find it difficult to understand my Sudanese/Ethiopian friend but because we are friends, I am patient and he is patient with me. I couldn't imagine what the Judge, who probably feels her time is worth gold, would think! By the way, Judges are usually ex-lawyers, and a lot of the time they are ex "prosecution" lawyers. I wouldn't be surprised if that Judge used to interrogate Nigerian (or African in general) men/women in his previous career.

I agree with what many have said - go to the media. It might be quicker than having to apply again. You should be able to get a transcript of the court, no?



---EDIT---

I should also just clarify the reason I said all of the above. Even being brought up with a Liberal parent, and having experiences that help me become more tolerant and less ignorant, I still hesitate on certain things. I do not believe I am inherently racist. I believe I was probably brought up in a society (unfortunately Canadian society, well Vancouver Island society) which is less tolerant and more ignorant. I wouldn't be surprised if a Judge was racist at all.
 

canadianwoman

VIP Member
Nov 6, 2009
6,200
282
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Accra, Ghana
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Pre-Assessed..
App. Filed.......
30-01-2008
Interview........
05-05-2009
buddhadimple said:
... whenever we meet, I make sure it's in a public place. It's ridiculous, I know! But I always think, "Sure, he's fine. But if I went to his apartment, would he have a bunch of scary Sudanese roommates?" It's utterly racist and I know better, but it's like I can't help myself.
Reminds me of when I was first dating my husband in Taiwan. I went to his apartment one evening for dinner, and the place was filled with his Nigerian roommates. He told me years later (just this year, actually) that his roommates had been amazed that I had come to dinner, because every other woman they knew was too scared to come to their apartment.
It sounds like the conference call (was that what it was?) was a Communication nightmare! I find it difficult to understand my Sudanese/Ethiopian friend but because we are friends, I am patient and he is patient with me. I couldn't imagine what the Judge, who probably feels her time is worth gold, would think! By the way, Judges are usually ex-lawyers, and a lot of the time they are ex "prosecution" lawyers. I wouldn't be surprised if that Judge used to interrogate Nigerian (or African in general) men/women in his previous career.
The appeal court judge used to work for the Immigration and Refugee Board as the CIC rep arguing against refugee cases - in other words, she used to be on the gov't's side. Some cases where she was the judge were appealed based on the fact that she might have a gov't bias.
I would hope that normally when a non-native speaker of English is testifying, that the judge would be more patient and would take into account that language difficulties might cause some misunderstandings, rather than just assume the witness is being evasive.
 
B

boyee6576

Guest
Yes and take into consideration that english is not the first language. Being nervous and worried that your not going to express yourself well enough in a language that is your mother tongue should be taking into consideration. I mean there is alot on the line. I know when I went to my ADR. I thought what if I cant express myself the way I want? I was so nervous thinking I could blow this and we would be so screwed and it was all in my mother tongue. So imagine what its like for him and others.
 

boasorte

Hero Member
Aug 3, 2010
532
53
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CIC Halifax
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Pre-Assessed..
I am sorry to hear that canadianwoman! :/
When I am nervous my english gets reeeaally bad as well as when I am talking to a person I don't know very well, I can't imagine talking to an IO it must be harder, I think I won't talk at all.
 
B

boyee6576

Guest
thats exactly what I mean boasorte. THere is alot of pressure, your speaking in a different language, your life with your spouse in hinged on what you say and how well you say it becasue you have to prove you are in a genuine relationship. In all fairness it should be taken into consideration. In canadianwomans case there was no fairness in any form. We have always been led to believe that you are able to prove your case in fairness. Hell they will move a trial for a murder to another city or province if they think he wouldnt get a fair trial. I think this should be taken to the media and exposed.