ALL SPOUSE APPEAL CASES COME HERE AND JOIN US PLZ

[Habibti]

@ TunisianBride..can i bring my parents to the hearing??

My mother and friends were with me at the full hearing.

 

[Mrs Selim]

My parents and my friends will come with me too...my husband is younger and dont want kids of his own either and he study law at faculty of law in Cairo..i have a full time job 18 years same job..anyways he was deneid because of our age diff..my dad said omg im coming to this hearing i want my son here ..

 

[gango girl]

Thanks Gango Girl.. But I want to ask one thing, as they are mentioning that the early resolution officer will decide as to whether or not we can appeal also...So Am doubtful if its an ADR??? Does they use this language only while ADR??

Our is a peculiar case which was rejected saying our marriage was not legal... it was coz they did not see the additional docs we sent which were asked after interview!!!

I have no much idea about that my dear. somebody will answer for this who knows about this. but what do you mean by "officer will decide as to whether or not we can appeal also "? have they mentioned that in your letter of refusal?
& you can order your gcms or atip notes & see then you can get an idea whether they found your documents you sent after the interview or not.
my atip notes says that i have sent additional documents to prove that my relationship is genuine, which i sent after i was refused.
so try it & see. but it takes about a month. you have to get these clear very soon before your time passed. so, go to a consultant or write clearly everything on this page, then people can help you. if you tell little by little nobody can understand what is the problem with your refusal. so write it here or go to a lawyer or a consultant. i wish you good luck...........

 

[cher43]

Did this couple the one from morocco have a lawyer? Is that why they lost appeal

 

[Habibti]

Did this couple the one from morocco have a lawyer? Is that why they lost appeal

No lawyer. Also they were badly prepared and their answers did not match. Their age gap was not 23 years but 27 years!!!

Here are the posts of this Moroccan man:
http://www.canadavisa.com/canada-immigration-discussion-board/profiles/aziz2010-u154855.html;sa,showPosts

 

[cher43]

Hi i read the posts actually the lawyer said my husband interview went well he answered all question she did ask him why i didn;t go back i got hurt at work and ended up having surgery i was in physio 5 days a week for 7 months i returned to work and fell in parking lot and tore ligments after getting mri i was back in physio again 5 days a week until aug i returned to work but this Vo keep saying she can come to Tunis for physio lol he said no she cant she has special Dr there and wcb will not let her again she said why she cant come omg crazy

 

[cher43]

Just heard back from lawyer she said ..The ADR is determined by the appeal division, however, it is a usual process for spousal cases where the issue is limited to the credibility/genuine nature of the relationship. In your case, when we send in the notification of counsel, we would request the ADR and I think it is very unlikely they would refuse it

 

[cher43]

Can anyone plz tell me if i go to appeal and i lose my case can i not ever sponsor my husband to come here again thats what the lawyer is telling me?

 

[Mrs Selim]

You can try sponsor him again yes you can..

 

[cher43]

Hi Mrs Selim this is what i found ..It is important to clearly understand the impact of appealing or re-applying following a refusal. Should the appeal option be chosen, the couple must understand that losing the appeal will result in the following: unless a new fact arises in the file, the sponsor may no longer sponsor his/her spouse ever again given that the Immigration Appeal Division has already decided on this matter. This is called res judicata.

 

[freeislam000]

Hi Mrs Selim this is what i found ..It is important to clearly understand the impact of appealing or re-applying following a refusal. Should the appeal option be chosen, the couple must understand that losing the appeal will result in the following: unless a new fact arises in the file, the sponsor may no longer sponsor his/her spouse ever again given that the Immigration Appeal Division has already decided on this matter. This is called res judicata.

I think that is in extreme cases... where fraud is very apparent... I think that all of us that are unfortunate enough to be in this position of appeal, must go forward with it... this is our lives and futures... what is it if its not with the one you love? For me I know if we get rejected after appeal, I will move to Egypt and be with my husband... but first I will exhaust every option to get him to me.

 

[cher43]

And i agree with you But this is what my lawyer told me and i also read it on a immigration site .. so it is scary not knowing

 

[cher43]

It is important to clearly understand the impact of appealing or re-applying following a refusal. Should the appeal option be chosen, the couple must understand that losing the appeal will result in the following: unless a new fact arises in the file, the sponsor may no longer sponsor his/her spouse ever again given that the Immigration Appeal Division has already decided on this matter. This is called res judicata.

It is recommended to only appeal if the spousal sponsorship application was prepared properly and contained all relevant documents and information. Many people submit incomplete applications and this results in a refusal. These cases should not be appealed and should instead result in a re-application. Re-applying has a much fast processing time (usually between 6-12 months depending on the country) versus an appeal which can take over a year. Should the second application be refused, the sponsor will always have the option of appealing that refusal. However, if the application was submitted adequately and the refusal contains obvious errors, then an appeal might be the best option.

Before deciding on appealing a refusal of a spousal sponsorship application or re-applying, ensure you consult with an immigration lawyer to clearly understand both avenues.

 

[canadianwoman]

Note you can reapply after losing an appeal: the problem, as the quotes above noted, is that reapplying is likely to lead to a refusal again. So you are allowed to reapply, it is just not very likely to work, so they do not recommend it.

I do not think that particular website should have phrased it the way they did - "the sponsor may no longer sponsor his/her spouse ever again ...." It is not a rule or law that you cannot sponsor ever again. It is just that the doctrine of res judicata will apply. Res judicata means that "it is already decided." So if you reapply, using the same evidence, the result will be 'res judicata' - we have already decided this, so no visa.

But they did say "unless a new fact arises on the file ...", which means if there is new evidence, you may reapply and win. This new evidence has to be something that was not available at the time of the first application and appeal. Almost all of the time, more evidence of the same type you gave before will not be considered new evidence: so more phone bills, more proof of visits, more affidavits from family, etc., won't be enough. The cases I have seen win on appeal after a second sponsorship usually had these kinds of new evidence:
1. a child born after the first appeal, or
2. proof the couple has lived together for a significant amount of time after the first appeal (How long? A year was long enough for some; more than a year was not enough for another.)

In one case I saw, proof that the couple had continued their relationship after losing the first appeal was taken as enough new evidence that the relationship was genuine. Usually this is not enough new evidence, though.

 

[cher43]

So maybe i should just try sponsoring him again as my lawyer suggests she thinks i will not win the appeal as i am older than my husband and where he is from