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Appeal

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stewarpe

Guest
My Dad is sponsering is two dependant children, they have turned down but of the boys as they said that is name was not on anyother documents that my dad had submitted to the before. Now we have to appeal there decision. My dad is so worried because the other boy papers are fine and are processing. The refusal letter was sent to the applicant, the sponser still has not heard anything.

One more issue is that is name is not on any birthpapers for them. They have requested a DNA test for the one whos papers are going through.My questions are.

1) How long does the sponser have to appeal decision

2) What should the sponser expect

3) DOES HE NEED A LAWYER

4) does he need to apear before a judge and have a formal hearing

5) why did they not ask for a DNA test, that would have proven the case

6) How comes the sponser has not recieved the refusal letter.

The sponser is going crazy despite there decision thats is dependant child. Thanks in advance for any advise
 
S

stewarpe

Guest
This site is terrific and the only place really where I can get great advise.

Any idea where I can find a good immigration lawyer for this case would be wonderful. From checking previous posts, getting my son here seems near to immosible.
 

PMM

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

stewarpe said:
My Dad is sponsering is two dependant children, they have turned down but of the boys as they said that is name was not on anyother e to to have a dedocuments that my dad had submitted to the before. Now we have to appeal there decision. My dad is so worried because the other boy papers are fine and are processing. The refusal letter was sent to the applicant, the sponser still has not heard anything.

One more issue is that is name is not on any birthpapers for them. They have requested a DNA test for the one whos papers are going through.My questions are.

1) How long does the sponser have to appeal decision

30 days after the decision is received.

2) What should the sponser expect

Failure to have dependent examined or declared?, not much hope.

3) DOES HE NEED A LAWYER

Yes.

4) does he need to apear before a judge and have a formal hearing

Yes, Immigration Appeal Board

5) why did they not ask for a DNA test, that would have proven the case

The sponsor did not declare the child when the application was made nor when he/she landed. Misrepresentation, it doesn't matter if the child is natural or not, it was not declared as 117 of the Regulations.

6) How comes the sponser has not recieved the refusal letter.

Should.

The sponser is going crazy despite there decision thats is dependant child. Thanks in advance for any advise
PMM
 
S

stewarpe

Guest
They send the applicant a letter declining is application and said the sponser could appeal. Is there any hope in even appealing this case.

What if they deny the appeal, whats the next step. Help
 

PMM

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

stewarpe said:
They send the applicant a letter declining is application and said the sponser could appeal. Is there any hope in even appealing this case.

What if they deny the appeal, whats the next step. Help
Thats it, unless you apply for leave to appeal to the Federal Court (difficult, expensive)

PMM
 
S

stewarpe

Guest
Thank you so much PMM, ur advise is really helping we recieved refusal letter and we will be appealing the decision, we pray that there is success as it would be impossible for him to live alone and take care of himself. Mother is being sponsered by another child does not have enough income to bring both.

But again thanks