I don't understand what you are saying, I don't agree the process is unfair, it is fair in my opinion, at least in these cases particularly. Also don't know about your last sentences, I passed my interview and am in the final stages of the process. The facts and evidence are irrelevant if they do not address the officer's concerns. Read the manual they rely on and use, it is public and it mentions their procedures. They don't just ask whatever questions they want, they question about the concerns they have that are keeping them from approving the application. Also, there are second sets of eyes, there is not just one person looking at the case. In mine, particularly, there were three people (that I know of, could be more, supervisors for example) that looked at my case. And you can't do an analogy between a murder trial and/or people facing jail time with a sponsorship application. If you want it to be like that, we would all need lawyers and the process would take years instead of the 6 months, which is their target.
As Buletruck pointed out, if this guy's application had been approved, he wouldn't be saying it was unfair, or the IO was sarcastic when he said sure, or that he was unfair by having a more than legitimate concern about his past, which in other words is saying he was unfair by doing his job the way he's supposed to do it, and he wouldn't be saying it was unfair that he'd stop typing when he'd start talking about things that he wasn't being questioned about.
Well i guess we can debate all day on whether the process is fair or not. I personally do not think processes are 'fair' unless all facts are objectively assessed. That is good you had three people look at your case..not everyone has that luxury....most people i have spoken to who were rejected had just one officer who made a decision at the end of the interview....with no second set of eyes.
My husband for example was initially rejected at his interview....we are similar in age, both never married before, no kids, no illegal activity or past visa applications. Just a young couple wanting to start their lives together. However, he was questioned about my education and job.....which he answered in detail what i was studying, what year, what university, my place of employment, my position and the population i work with. He knew more then i thought he did. However, the officer asked him 'what are her exact university course titles these last two semesters?'. Now you might think this is a fair question but I do not lol. My husband is a carpenter.....I am a social worker...asking someone in a totally different field who does not speak the language as their first language.......to have my advanced university course titles memorized is a bit absurd. In my opinion. I asked my mom and my best friends this same question they could not answer lol. No one close to me in my life has my advanced 4th year university courses memorized. All of my Canadian friends married to Canadians who both speak English do not have their partners specific class titles memorized. This officer made her decision in the interview....told him her answer with no second set of eyes.
Personally when i talk to my spouse i talk about what stresses me, what motivates me, my greatest fears in life my ambitions, our future plans etc. Not come home on the phone and tell him to memorize my university courses that i don't remember the exact list and names of.
Who decides what a 'couple' should take about? Maybe the officers' perception of marriage and conversation is different then me. She was 20 ears older then us....who knows......maybe she makes her husband memorize her exact university courses...i don't know....but to me that is a boring conversation and does not reveal true authenticity.
My father is a biochemist professor of 4th year advanced courses on lipids and plants. He taught the same course for years. I always knew the general area he taught...but not exact course titles. Does this mean i am not engaged in the relationship and I do not love him? Hell no...it just means its not in my field...i am not a biochemist it is not in my realm of thinking.
Fortunately, i won our ADR. I had a friend who was a former immigration officer who helped me prepare...and i just went through all the notes and concerns and backed it up with evidence...including multiple friends and family...who stated ...THEY DO NOT HAVE THEIR SPOUSES COURSES MEMORIZED. In fact the new officer who was supposed to interview me for the ADR...read my evidence in advance and blue book...and made her decision on the spot...allowed the appeal and didn't think an actually ADR interview was necessary.....was this even 'fair'? yes it worked in my favor and i am happy...but again ....ONE PERSON....made a decision.
Additionally, my friend the former visa officer...worked for immigration for years....and he said the officer has the power. He has seen officers in a bad mood one day and reject all applicants. He said the process is not objective at all.....and he worked for them for years.
So I empathize with the other member on the forum because i also believe the process is not always 'fair'. And yes once being rejected it is easy to state that 'it is not fair'...however...if you are approved it is also easy to state that 'it is fair'
Whats fair and not fair is a matter of opinion.
And this is only my experience and opinion.
