How do I reapply after a failed appeal?

[canadianwoman]

I sponsored my husband, a Nigerian citizen. His PR application was rejected. We then appealed, but the appeal was not allowed. So now what do we do?
The decision of the visa officer and of the appeal court judge was that our marriage is not genuine, by the way.

I've read lots of appeal cases, and it seems that if I wait for a while and then submit a new PR application, it will be rejected because of 'res judicata', which means 'it has already been decided.' But we do have a genuine marriage. What kinds of things can I submit that will be new evidence that the new visa officer will accept as proof that our marriage is genuine? Any ideas?
Thank you in advance.

 

[Cdagal]

How frustrating that must be for you, I am sorry that it has been such a long road. I have been doing a fair bit of reading on this subject, as I think it is what we all fear the most, that someone else has control of our futures. From what I understand, for a new application, the evidence has to be significant and not what was previously submitted to be considered. I suppose the only new evidence would be the communication between you during this process, from application date forward?! It would at least show that the relationship is ongoing?! I hope that they see your marriage for what it is, our prayers are definitely with you.

 

[toby]

The written verdict usually contains specific, detailed reasons for doubting your relationship. Gather evidence to contradict each reason, when you re-submit your application.

If CAIPS note provide additional information about the mindset of those who doubted your relationship, then get them too. Maybe seniors will know whether CAIPS notes elaborate on appeal hearings.

Then may be the time to hire an immigration lawyer for a consultation, and to review your cover letter. No need to hire him/her to handle the entire case, since you would be in effect making a quite-specific rebuttal to the Appeal Hearing verdict. Other aspects of your application are presumably OK, since the Appeal Hearing did not criticize them.

It's tough indeed to be under the thumb of people who -- considering that your relationship is genuine -- let baseless suspicions govern their decisions. Perhaps life might be better in Nigeria, after all, if the bureaucracy is less imperious? I think I would refuse to reside in Canada if my wife were denied her PR; why live in a country of petty bureaucrats?

Good luck.

 

[locolynn]

I think I would refuse to reside in Canada if my wife were denied her PR; why live in a country of petty bureaucrats?

Good luck.

Clearly your spouse is not from a "developing nation". I'm in one right now with my spouse, and I promise you...I DREAM of Canada's petty bureaucracy. Totally beats the out and out corruption that is here and I highly suspect is prevalent in Nigeria.

While I don't condone some people's actions, it totally makes sense why there is so much marriage fraud coming out of certain countries. Nice places to visit for sure...to live not so much.

Lynn

 

[sbwv09]

I think Toby's spouse is from China, but correct me if I'm wrong.

Canada is a nice enough place, but the way that they screwed Canadianwoman is unreal. They were flat out racist against her spouse and everything... not the shining example that a lot of people like to think it is.

Canadianwoman, I think I remember you saying that you were going to join your hubby, right? Maybe you should do that and wait a year or so, collect all the evidence and reapply then? The fact that you are willing to join him in his country would be some powerful proof, I would think. It would prove that he wasn't marrying you just to get into Canada (which is what they claimed, right?). However, it's hard for me to believe they could think that after being presented with a 7 year relationship.

Maybe you could try H&C as well? I hope someone else comes along who knows more about it. Keep your chin up! We're all rooting for you.

 

[odethe]

I had been searching all over the net after I heard your situation. I am sure that you already read all these websites but I remember something on Immigration and Refugee Board of Canada like; if the appeal is dismissed the sponsor may contest the IAD's decision by asking the Federal Court of Canada permission to apply for judicial review of the IAD decision. Your decision was made by IAD, right? Do you think it's an option?

 

[HoneyBird]

I think Toby's spouse is from China, but correct me if I'm wrong.

However, it's hard for me to believe they could think that after being presented with a 7 year relationship.

Holy Sh*t. When I read this, I felt like throwing up. Its unbelievable after 7 years she gets rejected. Its downright crazy and I feel sick now about waiting on these people to 'judge' my relationship especially since I didn't know that it was so hard and I submit minimal evidence.

Canada woman I am sorry for your situation. I don't know what I would do if I were in your shoes. my hubby has told me he will not move to Trinidad if this is the outcome. So I am hoping for the best.

 

[iarblue]

Canadianwoman, a new case is a new case.If you reapply they have to treat it like a new case as you may have submitted new proof,evidence.They can not refuse you based on an old application.unless they see you have changed nothing then the decision will be the same.
Find out every reason they have doubted you and prove them wrong on each issue.Im not sure how much money you are willing to throw at this as not all of us have 1000's right.But their is lawyers that love this kind of situation and will eat it up to do what they have to to fight the government.Do some reasearch find the best immigration lawyer,even though an appeal might have been dismissed,i dont think thats the end of the rope.A good lawyer may know things we dont.Ways to get it reopened and fight it in a federal court.
Even an appeal of a convict can be overturned!!!!!!
Contact parliment,contact the MP to push his limits,there is always more than can do for you ,you just have to be relentless.

 

[Leon]

I agree with talking to MP's and not just your MP. Get everybody you know to talk to their MP about it too. If that doesn't work out, try to go live in Nigeria for several months or a year and then re-apply.

 

[tgchi13]

Holy Sh*t. When I read this, I felt like throwing up. Its unbelievable after 7 years she gets rejected. Its downright crazy and I feel sick now about waiting on these people to 'judge' my relationship especially since I didn't know that it was so hard and I submit minimal evidence.

Canada woman I am sorry for your situation. I don't know what I would do if I were in your shoes. my hubby has told me he will not move to Trinidad if this is the outcome. So I am hoping for the best.

Not to take away from Canadianwoman (believe me you have my empathy, and my heart goes out to you) but HoneyBird did you mean to say your husband will move to Trinidad if necessary??

 

[rjessome]

I sponsored my husband, a Nigerian citizen. His PR application was rejected. We then appealed, but the appeal was not allowed. So now what do we do?
The decision of the visa officer and of the appeal court judge was that our marriage is not genuine, by the way.

I've read lots of appeal cases, and it seems that if I wait for a while and then submit a new PR application, it will be rejected because of 'res judicata', which means 'it has already been decided.' But we do have a genuine marriage. What kinds of things can I submit that will be new evidence that the new visa officer will accept as proof that our marriage is genuine? Any ideas?
Thank you in advance.

Have you applied for a Judicial Review of the decision of the IAD?

 

[HoneyBird]

Not to take away from Canadianwoman (believe me you have my empathy, and my heart goes out to you) but HoneyBird did you mean to say your husband will move to Trinidad if necessary??

He said he will NOT move to trinidad.

 

[canadianwoman]

Thank you everyone for your support.

As for taking the case to the Federal Court for a judicial review, I am not sure about this. All the judge does in a judicial review is decide if the decision is reasonable. At both the interview at the embassy and at the appeal, I felt there were unspoken reasons for the decisions of the visa officer, Minister's counsel, and judge. They all seemed angry, but there didn't seem to be any reason for it. My husband and I didn't lie, we didn't contradict each other. My lawyer, when summing up at the appeal, said, "Well, you know, actually their answers were the same." With the attitude that clearly the appeal was not going well. So then why this animosity? It made me assume the reasons were racist, but if it is unspoken, how can you prove it?

Our application was far from perfect, I know that now from this forum and from reading appeal cases on CanLII, but the evidence for our appeal looked pretty good, I thought.

 

[BeShoo]

So then why this animosity? It made me assume the reasons were racist, but if it is unspoken, how can you prove it?

I'm supportive of you too, but I have to say that it's "easy" (facile) to claim racism, but even if there was racism, that's not sufficient. The "facts" of your case, in and of themselves, were enough to cause you to lose your appeal, regardless of the presence or absence of racism.

I say "facts" in quotation marks, because it really a combination of hard evidence and the conclusions drawn from that evidence. I believe that it all boils down the to the conclusion that you were unsuccessful in convincing either the interview officer or the review court that you knew enough about each other to be a genuine couple. Combined with other "suspicious" facts of your case, supposed motivations of you to have a "servant" and of him to live in Canada, the judgement came down the way it did. I know it's not fair, but you have to look at it from the point of view of a total stranger. You know that the relationship is genuine, but a total stranger does not.

It's hard for you to realize why the relationship does not look genuine. You have to remember that you are biased. You want to be successful. The interview officer and the judge are supposedly unbiased. They have nothing to gain in the outcome either way (at least, that is supposed).

In order to overcome 'res judicata' you need convincing evidence that you do have the amount of personal knowledge that a genuine couple would have. It's a little bit difficult to come up with hard "evidence" of that, but that's what you need, I think, to overcome the judgement. I have more thoughts on this that I will write later, but I need to take time to review the facts of the case again before I can do that.

I wish this post of mine could have been more positive, but the only way to battle this is with impartial facts, so that's my point of view at the moment. I hope my tone doesn't appear harsh.

 

[alpesantezo]

I am so sorry canadian woman.. i have been around you in chats and i believe it might be really frustrating..
But like everybody elses say.. Do it again... you can change the IO decision and you are gonna need a good lawyer for that. try to gather all the information you can new information. and try to show them how true you are....
Not wishing it butIf it fails at the end there are so many other options to think about like you move there or a third country where you can leave in peace and together.. but you have to try it to say i did all that i could.... you have my best wishes with you and my support