Negative Appeal, What's next??
- Thread starter flutra
- Start date
You'll get the most comprehensive answers if you post to the appeals thread: http://www.canadavisa.com/canada-immigration-discussion-board/all-spouse-appeal-cases-come-here-and-join-us-plz-t87619.8370.html
flutra said:
Hi,
1) Federal court hardly gives favourable decision and very time consuming. I lost IAD appeal in full formal hearing on retrieving my PR status but in vein. It was not a complicated case and I was short of some days to meet my residency obligation. My lawyer insisted to go to Federal court but after considering all aspects, I backed out.
2) Check the possibility of applying again addressing all of your red flags very efficiently. You may seek help from immigration consultant if possible.
Did your husband face ADR in IAD and denied? Or faced full hearing?
Why you couldn't prove that the relationship is genuine? You really need a very good consultant or lawyer to help you.
Hasan
I would probably also just consider applying again, and addressing every weak point in your previous application very thoroughly.
Do you know what those are? What was the main issue with your application?
Do you know what those are? What was the main issue with your application?
canadianwoman
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Do you have a lawyer?
To succeed at Federal Court, the judge who made the decision at the appeal has to have made a mistake. This does not just mean a mistake in the sense that you believe your relationship is genuine and the judge did not.
The Federal Court judge will look at only the evidence the immigration appeal judge had before him or her about your case. The FC judge will look to see if the decision reached was a reasonable decision based on the evidence.
So try to look at the evidence presented at your appeal with an objective eye. Is the decision reasonable given the evidence? The decision might be wrong, in that your relationship is actually genuine, but it could still seem reasonable to doubt it.
If your appeal was rejected because the judge did not believe your relationship was genuine, H&C considerations won't work. H&C considerations only apply to a member of the family class, and the immigration appeal judge already decided that your spouse was not a member of the family class.
If the problem was that the judge did not believe your relationship was genuine, you should try to correct all the problems mentioned before applying again. Note that it is more difficult to get accepted the second time, because the visa officer will feel that the matter has already been decided. You need to present new evidence, and the courts are fairly clear that new evidence does not mean just more evidence of the same things you presented the first time. For example, more photos, more evidence of trips taken to see each other, and more affidavits from family and friends will not be enough. They want something new.
Two types of new evidence that I have seen work are 1. having a child, and 2. the sponsor leaving Canada and going to live with the applicant for a year or more. I only saw one case where simply continuing the relationship as before was enough.
Of course, if the appeal was refused for other reasons, you might be able to just correct those problems and succeed when you reapply.
To succeed at Federal Court, the judge who made the decision at the appeal has to have made a mistake. This does not just mean a mistake in the sense that you believe your relationship is genuine and the judge did not.
The Federal Court judge will look at only the evidence the immigration appeal judge had before him or her about your case. The FC judge will look to see if the decision reached was a reasonable decision based on the evidence.
So try to look at the evidence presented at your appeal with an objective eye. Is the decision reasonable given the evidence? The decision might be wrong, in that your relationship is actually genuine, but it could still seem reasonable to doubt it.
If your appeal was rejected because the judge did not believe your relationship was genuine, H&C considerations won't work. H&C considerations only apply to a member of the family class, and the immigration appeal judge already decided that your spouse was not a member of the family class.
If the problem was that the judge did not believe your relationship was genuine, you should try to correct all the problems mentioned before applying again. Note that it is more difficult to get accepted the second time, because the visa officer will feel that the matter has already been decided. You need to present new evidence, and the courts are fairly clear that new evidence does not mean just more evidence of the same things you presented the first time. For example, more photos, more evidence of trips taken to see each other, and more affidavits from family and friends will not be enough. They want something new.
Two types of new evidence that I have seen work are 1. having a child, and 2. the sponsor leaving Canada and going to live with the applicant for a year or more. I only saw one case where simply continuing the relationship as before was enough.
Of course, if the appeal was refused for other reasons, you might be able to just correct those problems and succeed when you reapply.