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Author Topic: who must appeal a refusal decision?  (Read 459 times)
hourra
Star Member
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Posts: 78
Ratings: +0

« on: August 16, 2011, 11:00:23 pm »

who must appeal a refusal decision? the sponsor or the sponsored? I'm a canadian citizen and my wife is from the Philippines. My wife applied for a permanent resident visa. If the VO give a refusal decision, who must applied to appeal the decision? Thank you very much everybody.
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scylla
VIP Member
*******

Posts: 4150
Ratings: +106
Category........: FAM
Visa Office......: Buffalo
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

« Reply #1 on: August 17, 2011, 06:36:17 am »

Sponsor must appeal.

Good luck.
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ddobro2
Champion Member
******

Posts: 2588
Ratings: +37
Category........: FAM
Visa Office......: Buffalo, NY

« Reply #2 on: August 17, 2011, 06:54:15 am »

It is the sponsor (you in this case) and not the person being sponsored that can appeal a refusal. Further there appear to be a few caveats:

5.37. Appeal rights
Sponsors have appeal rights if a foreign national is refused a permanent resident
visa. See A63. However, a sponsor has no right of appeal if:
• an applicant is inadmissible on grounds of security, violating human or
international rights, serious criminality or organized criminality A64(1);
• an applicant is refused on the ground of misrepresentation unless the applicant is
the spouse, common-law partner or child of the sponsor A64(3);
• The sponsor discontinued or withdrew their application.
5.38.

No appeal rights
Sponsors of applicants seeking to remain in Canada do not have a right of appeal to
the IAD. This includes:
• Members of the Spouse or common-law partner in Canada class; and
• Applicants seeking permanent resident status on humanitarian and
compassionate grounds.
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8 months, 1 week, and 6 days from application filed to PPR

Landed February 11, 2012

All recent Buffalo applicants spreadsheet: http://tinyurl.com/3rpdwav
hourra
Star Member
****

Posts: 78
Ratings: +0

« Reply #3 on: August 17, 2011, 08:13:53 am »

thank you again.Now, me and my wife are waiting to receive the decision from the VO. We hope to obtain the visa. I posted this question to be ready if the decision is negative. Thanks.
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ddobro2
Champion Member
******

Posts: 2588
Ratings: +37
Category........: FAM
Visa Office......: Buffalo, NY

« Reply #4 on: August 17, 2011, 08:15:18 am »

I'm sure you'll be fine  Wink Good luck.
thank you again.Now, me and my wife are waiting to receive the decision from the VO. We hope to obtain the visa. I posted this question to be ready if the decision is negative. Thanks.
Logged

8 months, 1 week, and 6 days from application filed to PPR

Landed February 11, 2012

All recent Buffalo applicants spreadsheet: http://tinyurl.com/3rpdwav
scylla
VIP Member
*******

Posts: 4150
Ratings: +106
Category........: FAM
Visa Office......: Buffalo
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

« Reply #5 on: August 17, 2011, 08:20:27 am »

thank you again.Now, me and my wife are waiting to receive the decision from the VO. We hope to obtain the visa. I posted this question to be ready if the decision is negative. Thanks.

Oh - that's good to hear!

Keeping my fingers crossed it's positive... Smiley
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