ALL SPOUSE APPEAL CASES COME HERE AND JOIN US PLZ

[mex88]

Guys, quick question please and your help is much needed! Do I include the witness forms under my index or just on top of the application ? I need to submit by Monday.

 

[Allison-MT]

I would think the judge would decide before the hearing so that they didn't have to waste the court's time, but of all of the cases I read on CanLii the judge only sided with one couple (that wasn't a refugee case) and it was in the middle of the hearing, so he said he might as well finish hearing the case and make his decision based on the merits of the case. If you have a lawyer, I would ask them. I told my husband to just prepare for a full hearing because either the judge decides before it gets to a hearing and it is not recorded on CanLii, or they hardly ever rule that procedural fairness was breached.

These are the rules for procedural fairness on CIC website

Primary elements of procedural fairness

• Processing without undue delay
• The right to fair and impartial decision-making
• The applicant’s right to be heard
• Whoever hears must decide
• Legitimate expectation
• Decisions must be based on the Immigration and Refugee Protection Act (IRPA) and Regulations (IRPR)
• The right to reasons

The elements I have in red are the ones our lawyer used in saying we were denied natural justice.

An appeal is allowed…(I think the appeal should be allowed without a full hearing, according to what it says below, but maybe the judge thinks they need to have the full hearing to know if procedural fairness was breached or not)

• if the decision being appealed was wrong in law or fact,
• if there was a breach of a principle of natural justice (for example, a breach to the right to be heard or to be heard by an impartial person), or
• in some cases, on the basis of humanitarian and compassionate considerations.

Thanks, our breach of procedural fairness was The applicant’s right to be heard. We didn't get ADR so we will prepare for full hearing, even though I hope the judge decides our procedural fairness was breached before we have to have a hearing.

 

[I_Am_Baruch]

Glory be to God, I got my passport back yesterday with visa in it. God bless everyone hoping to be with their spouses.

 

[Zettty1980]

Glory be to God, I got my passport back yesterday with visa in it. God bless everyone hoping to be with their spouses.

Congratulations. Happy for you. Am still.waiting to hear from them. Won my Adr in November. Got my appeal consent letter a week after. Now am just waiting for the next step

 

[I_Am_Baruch]

Congratulations. Happy for you. Am still.waiting to hear from them. Won my Adr in November. Got my appeal consent letter a week after. Now am just waiting for the next step

thanks my friend I appreciate... Don’t worry, they’ll definitely get in touch with you.

 

[msamhat]

Glory be to God, I got my passport back yesterday with visa in it. God bless everyone hoping to be with their spouses.

Great news ! I won my full hearing in october and submit my documents on november 13th but still waiting ? You think it will take time to get ppr? Medical passed only

 

[I_Am_Baruch]

Great news ! I won my full hearing in october and submit my documents on november 13th but still waiting ? You think it will take time to get ppr? Medical passed only

i think you should just exercise a little more patience, you’ll hear your good news pretty soon.

 

[msamhat]

i think you should just exercise a little more patience, you’ll hear your good news pretty soon.

I will thank you...

 

[0511Edwinara]

Great news ! I won my full hearing in october and submit my documents on november 13th but still waiting ? You think it will take time to get ppr? Medical passed only

We won also our full hearing last September 5 until now we don’t have update yet

 

[msamhat]

We won also our full hearing last September 5 until now we don’t have update yet

I heard from some guys that went through the same proces and it took them 3-4 months.

 

[Kahar]

Toronto. I submitted my appeal in may. Got Adr date by Oct. Adr was Nov

Did you present a letter when you submitted appeal form?

 

[Zettty1980]

Did you present a letter when you submitted appeal form?

No

 

[Sarahannclarke5]

So today i submitted some documents requested by iad. They said that i had to send all copies with table of contents to the ministers counsel. Any idea how long to hear from them after this?

 

[Kajan2017]

Great news ! I won my full hearing in october and submit my documents on november 13th but still waiting ? You think it will take time to get ppr? Medical passed only

Normally it takes 3 to 4 months.
But, you believe it or not, I received my PPR in less than a month after submit all the documents.
So wait for your PPR which will happen soon.

 

[Sarahannclarke5]

Normally it takes 3 to 4 months.
But, you believe it or not, I received my PPR in less than a month after submit all the documents.
So wait for your PPR which will happen soon.

You didnt need a hearing? Im still at the beginning stage. The next steps say for me that the iad will speak to ministers counsel.