PMM , appeals in vancouver

[mikeyvr]

we have our hearing date for September in Vancouver , any idea what to spec at the hearing ? who is at the hearing , is a judge involved?


Thank you

 

[PMM]

Hi

we have our hearing date for September in Vancouver , any idea what to spec at the hearing ? who is at the hearing , is a judge involved?


Thank you

1. There are two types of hearings in sponsored applications an Alternate Dispute Resolution and an Appeal hearing. There is a difference between the 2, the ADR is maximum of one hour where there is a mediator and an officer from CIC and you. If the officer feels that the (assuming the refusal is based on the bona fide of the marriage) that is bona fide, then s/he could recommend approval, if s/he doesn't consent then a full appeal hearing will be scheduled. It is similar to a court, where an adjudicator presides (judge). You present your evidence and are questioned and the Hearings officer presents CIC side and then the Adjudicator makes a decision to either dismiss the appeal or overturn the refusal/
2. See: http://www.irb-cisr.gc.ca/Eng/tribunal/iadsai/Pages/index.aspx which explains the process.

 

[mikeyvr]

can the judge on the full hearing overturns ( approve ) the appeal even if the CIC officer ( board member ) wants to remain as a denial ?

 

[canadianwoman]

Yes, the judge can allow the appeal even if the lawyer for the government doesn't agree.