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Appeal vs. Re-apply (senior members plz help)

waitingonforever

Hero Member
Jun 11, 2013
444
20
Ontario
Category........
Visa Office......
Kingston
Job Offer........
Pre-Assessed..
App. Filed.......
15-08-2012
File Transfer...
08-11-2012
Med's Request
10-10-2012
Med's Done....
15-10-2012
Interview........
13-05-2013
Passport Req..
in the hands of the visa office from the time of interview/ DM October 20/2013
VISA ISSUED...
not soon enough
LANDED..........
couldn't be soon enough
I was just wondering the pro's and con's of re-applying vs. appeal process...we were denied PR visa..reason for refusal..Marriage not legit..would it be better to re-apply with stronger evidence or appeal?
Thank you
waiting
 

PMM

VIP Member
Jun 30, 2005
25,494
1,949
Hi


waitingonforever said:
I was just wondering the pro's and con's of re-applying vs. appeal process...we were denied PR visa..reason for refusal..Marriage not legit..would it be better to re-apply with stronger evidence or appeal?
Thank you
waiting
If you don't appeal and just re-apply, it is quite possible the CHC would decide that the new information doesn't change their decision, and may state that the application is res judicata (already decided) and just refuse again. Go to http://www.canlii.org/en/ca/irb/index.html and search on res judicata It may help you to make a decision.
 

Becki567

Hero Member
Aug 8, 2013
501
16
124
Sherwood Park, Alberta
Category........
Visa Office......
London
Job Offer........
Pre-Assessed..
App. Filed.......
16-09-2013
AOR Received.
27-09-2013
File Transfer...
30-09-2013
Med's Done....
09-09-2013
VISA ISSUED...
15-04-2014
LANDED..........
13-05-2014
Wow. I am so sorry to hear this. :( I see on your timeline you've been together almost 11 years. How on earth can CIC think someone would spend 11 years with someone in a fake marriage.

I will pray for you
 

waitingonforever

Hero Member
Jun 11, 2013
444
20
Ontario
Category........
Visa Office......
Kingston
Job Offer........
Pre-Assessed..
App. Filed.......
15-08-2012
File Transfer...
08-11-2012
Med's Request
10-10-2012
Med's Done....
15-10-2012
Interview........
13-05-2013
Passport Req..
in the hands of the visa office from the time of interview/ DM October 20/2013
VISA ISSUED...
not soon enough
LANDED..........
couldn't be soon enough
PMM said:
Hi


If you don't appeal and just re-apply, it is quite possible the CHC would decide that the new information doesn't change their decision, and may state that the application is res judicata (already decided) and just refuse again. Go to http://www.canlii.org/en/ca/irb/index.html and search on res judicata It may help you to make a decision.
Thank you very kindly PMM I will look into this :D
 

waitingonforever

Hero Member
Jun 11, 2013
444
20
Ontario
Category........
Visa Office......
Kingston
Job Offer........
Pre-Assessed..
App. Filed.......
15-08-2012
File Transfer...
08-11-2012
Med's Request
10-10-2012
Med's Done....
15-10-2012
Interview........
13-05-2013
Passport Req..
in the hands of the visa office from the time of interview/ DM October 20/2013
VISA ISSUED...
not soon enough
LANDED..........
couldn't be soon enough
Becki567 said:
Wow. I am so sorry to hear this. :( I see on your timeline you've been together almost 11 years. How on earth can CIC think someone would spend 11 years with someone in a fake marriage.

I will pray for you
Thank you Becki I appreciate that!!! :)