ALL SPOUSE APPEAL CASES COME HERE AND JOIN US PLZ

[wintersnow]

Did you receive a yes right away?

Our full hearing lasted 2 hours and the MC and judge gave us the yes right away.

 

[Abe1004]

Our full hearing lasted 2 hours and the MC and judge gave us the yes right away.

Is it generally normal for them to give an answer on later day?

From your experience?

 

[Waiting for my turn]

Re: Got rejected two days ago. Now plainning to go with apeal

hi every one i applied for sponser visa for my husband from canada. We had a interview in delhi india and they straightway said we not gona trust on your whole story. I am aspecting they gonna reject our file within couple of days. I am living in manitoba canada so please if anyone can suggest me what i need to do or where should i go for apeal and what kind of papers do i need.I shall be very thankfull. Thankyou

I think it's much better if you re apply ur file.

 

[wintersnow]

Is it generally normal for them to give an answer on later day?

From your experience?

I am seeing on the forum that the decision on most cases is not on the same day. Hard to say really.

 

[wait_so_long]

to be honest ... I've been on this forum for 2 years and I think only one or 2 appeals have been rejected. Anyone else remember cases that were refused?

Stay positive

The only recent example that I can recall is MidDawn, whose appeal was refused. Went to a Judicial Review, which resulted in a second Appeal Hearing, heard by different parties. He was successful the second time around.

I suspect that a lot of people who have been refused would abandon their application and re-apply, as that seems to be the most expedient path. This particular case is not so straightforward, and many of the issues deserved to be explored in a full hearing. It sounded like both the adjudicator and minister's counsel were already on-side coming into the hearing, and sympathetic to their situation.

From his previous posts, it sounded like they were well prepared, and anticipated questions particular to their situation rather than relying on generic questions.

The wife and the consultant would be in the best position to guage the feel of the room, and it sounds like they both came out feeling positive.

If the decision isn't given right away at the hearing, it seems that it usually takes 60-90 days for a decision. For them to promise a decision within two weeks is, well, promising. It seems that they want to confer privately on a couple of points before rendering a decision.

 

[wait_so_long]

Hey Guys, we finally had our appeal on 19th of January.

It was a full hearing booked.

It was a general questioning by Minister representative and Judge. Both were extremely nice, which was weird. The questions were assertive, but I answered to best of my knowlege. They were questioning my exclusion order from Canada (because of overstay) and our age difference.

In the end he said he will try to make the decision by Monday but we should get it within two weeks, or so he promised. He specifically said he understands the hardships the couples go through both morally and financially and hopes to speed up the process.

Later our consultant said its a good sign because if they wanted to refuse, they would have right away and my wife generally says she got a good feeling about this.

What you guys think?

How long did your hearing take? Did it take the full day?

Did your consultant say that you'd have a good case for a Judicial Review if your appeal was not allowed?

All in all, it sounds pretty promising. We weren't there, so it's hard for us to say. However, your consultant sounds pretty confident, and he/she has other hearings to compare it to. With our interview in the visa office, my wife knew it was a lost cause within the first two minutes. If that was the case in your hearing, I think you would be able to sense it as well.

Good luck to you both.

 

[Abe1004]

How long did your hearing take? Did it take the full day?

Did your consultant say that you'd have a good case for a Judicial Review if your appeal was not allowed?

All in all, it sounds pretty promising. We weren't there, so it's hard for us to say. However, your consultant sounds pretty confident, and he/she has other hearings to compare it to. With our interview in the visa office, my wife knew it was a lost cause within the first two minutes. If that was the case in your hearing, I think you would be able to sense it as well.

Good luck to you both.

It took full day minus an hour and a half. They said what they heard was sufficient.

They stayed on the phone with me for couple of hours.

I guess when they were questioning me, I got a bit sensetive and my wife started crying a bit.

Consultant claims that the judge was watching for her reaction and was touched by that deeply.

She sais its about 80 to 20 that the outcome will be positive but she is being careful.

She said depending on what will we be rejected on (bonafide for instance) we will either go to re-application or federal court review.

We will see I guess.

I am praying its over and wont be necessary to continue.

At the end after the rebuttal, Ministries representative approached my wife and said he hopes for the best and apologized saying its only his job.

All in all it does sound promising.

 

[tony000]

Follow the case of wjmund in the previous page. They filed their appeal last April, had a full hearing in November, and just now have a decision made, and hopefully soon, a PPR. Out of Vancouver office. Did your letter ask for additional information in support of ADR?

Nope. they have not ask for anything Bcoz we are not selected for ADR. they said to wait for the next communication.
I've heard That in Calgary they do hearing throughout the year like Vancouver But in Edmonton, they do 4 times a year.

P.S: Thank you for your Advice, I'll shoot an e-mail to Lawyer right away about hearing in Vancouver.

 

[wait_so_long]

Nope. they have not ask for anything Bcoz we are not selected for ADR. they said to wait for the next communication.
I've heard That in Calgary they do hearing throughout the year like Vancouver But in Edmonton, they do 4 times a year.

P.S: Thank you for your Advice, I'll shoot an e-mail to Lawyer right away about hearing in Vancouver.

Tony000, please don't take my musings as advice. Don't do anything rash. Talk it over with your lawyer first; they know the situation the best, and have the experience to back it up. My only knowledge is from my own situation and from what I have read in this forum, and my goal was only to get you thinking.

Read Abe1004's account just before your posting to see why I think it's important to be physically present at the hearing if at all possible.

 

[wjmund]

Wow, that was fast! I am wondering it it was because your case was sent to Ottawa for processing rather than being sent back to to the visa office in Hong Kong. I wonder what is the difference between your case and JJ0124, who got sent back to HK for processing after appeal was allowed?

Hope the DM is a positive one. As Wintersnow mentioned, everything after the appeal was allowed should be based on fact, and not opinion.

Spring Festival is soon, so things might be a little slow over the next little while. My son's school has been half-days for the past week and a half; now will be on holidays until the 8th.

Wait_so_long , We got PPR today, Jan23. Decision made was Jan21. This was handled thru Ottawa. I do not know how they choose which appl" go back to HK or Ottawa.
Our appeal started at 9am, we were done at 1pm. The MC said she didn't want a lunch break, as she was nearly done. She told the Judge she wanted to allow this appeal.
I think we just lucky. Now my Wife is trying to get things done soon, as Chinese New year is starting.

 

[tony000]

Wait_so_long , We got PPR today, Jan23. Decision made was Jan21. This was handled thru Ottawa. I do not know how they choose which appl" go back to HK or Ottawa.
Our appeal started at 9am, we were done at 1pm. The MC said she didn't want a lunch break, as she was nearly done. She told the Judge she wanted to allow this appeal.
I think we just lucky. Now my Wife is trying to get things done soon, as Chinese New year is starting.

Hi Wjmund, Congratulations! . What is your Timeline, Which Office Appeal was etc ... Can you pls tell.

 

[ajaythakur30]

Hi my wife contacts her MP office and they get this reply from immigration department .
I just wanted to let you know that I contacted the Immigration and Refugee Board of Canada today regarding your file. As the four month processing time has passed, I requested they prioritize your file. This means it will be handed over to a special department which deals with late files. New Delhi is one of the busier immigration posts so it is unfortunately not uncommon to take this long. IRB is, however, aware they have reached their deadline and are looking into it. Once your file is received (hopefully soon), the Immigration and Refugee Board will screen it, an early resolution officer will look at it, and then if an early resolution cannot be made, it will go to hearing.
Guys please comments thanks .
Got notice of appeal in September. 2016

 

[wjmund]

Hi Wjmund, Congratulations! . What is your Timeline, Which Office Appeal was etc ... Can you pls tell.

We appealed in April 2016. Got Blue Book in July 2016. Appeal Division in Vancouver gave us a date of Nov 16, 2016
Win the appeal. Imm and Refugee Board sent us a letter Dec 5, 2016, asking for new Medical and other forms.
We sent all forms by email to ottawa Dec 11, 2016
In January i saw Decision Made on ECAS , and 2 days later (Jan 23, 2017) they asked my Wife to send her passport to Beijing, along with copy of their letter, 2 photos, and pay money into their bank account. Good luck to others that are waiting.

 

[wait_so_long]

We appealed in April 2016. Got Blue Book in July 2016. Appeal Division in Vancouver gave us a date of Nov 16, 2016
Win the appeal. Imm and Refugee Board sent us a letter Dec 5, 2016, asking for new Medical and other forms.
We sent all forms by email to ottawa Dec 11, 2016
In January i saw Decision Made on ECAS , and 2 days later (Jan 23, 2017) they asked my Wife to send her passport to Beijing, along with copy of their letter, 2 photos, and pay money into their bank account. Good luck to others that are waiting.

This is the fastest that I've seen on this forum. As recently as 2 weeks ago, I've been telling people that they're in for a wait of 8-12 months after they win their appeal. In one case, it was 14 months. Dare we hope that things are changing, and this is the new norm?

So, your wife was asked to send her passport to Beijing rather than Hong Kong? And your documents were processed in Ottawa rather than Hong Kong? Did something come up in your hearing to give them cause to think that Hong Kong wouldn't handle your file fairly?

 

[wait_so_long]

Hi my wife contacts her MP office and they get this reply from immigration department .
I just wanted to let you know that I contacted the Immigration and Refugee Board of Canada today regarding your file. As the four month processing time has passed, I requested they prioritize your file. This means it will be handed over to a special department which deals with late files. New Delhi is one of the busier immigration posts so it is unfortunately not uncommon to take this long. IRB is, however, aware they have reached their deadline and are looking into it. Once your file is received (hopefully soon), the Immigration and Refugee Board will screen it, an early resolution officer will look at it, and then if an early resolution cannot be made, it will go to hearing.
Guys please comments thanks .
Got notice of appeal in September. 2016

Are you still waiting for your Blue Book (Record of Appeal)? When did you send in your Notice of Appeal?