PMM, marriage sponsorship appeal

[mikeyvr]

I want to be positive that we will have a positive full hearing here in vancouver. IF , as there is always an if. what would it happen if the results are negative, and after lots of proof of bona fide marriage , the CIC not happy/satisfied and wants to keep is as a refusal. What role the judge takes in ? does he have to agree with board of immigration ? does he makes his own judgement ? can he approve the application even if the immigration board wants to refuse it ?

Thanks PMM

 

[PMM]

Hi

I want to be positive that we will have a positive full hearing here in vancouver. IF , as there is always an if. what would it happen if the results are negative, and after lots of proof of bona fide marriage , the CIC not happy/satisfied and wants to keep is as a refusal. What role the judge takes in ? does he have to agree with board of immigration ? does he makes his own judgement ? can he approve the application even if the immigration board wants to refuse it ?

Thanks PMM

1. At a full appeal, you present your evidence that it is a bona fide marriage, the hearings offices presents CIC evidence why it is not, and the adjudicator makes the decision whether to allow the application or dismiss it.

 

[canadianwoman]

The Immigration and Refugee Board is separate from CIC. CIC - the Canadian government - sends a lawyer to the hearing to present the government's case, which is that the appeal should not be allowed. You and your lawyer (if you have one) present your case, which is that the appeal should be allowed. The judge is supposed to be independent of the government - he or she will listen to both sides and make a decision. Sometimes at the end of the hearing the lawyer for the government will concede and say, yes, the appeal should be allowed. Usually they won't. The judge has to decide, but most definitely does not have to side with the government. He/she can allow an appeal even if the government's lawyer still thinks the marriage is not bona fide.

 

[mikeyvr]

Re: PMM, marriage sponsorship appeal (new question)

Wow interesting information Canadian woman / PMM. I was under the impression that the person ( the lawyer ) that the government sends was a case officer just like the person who refused the application. ( immigration officer in Mexico City ).

Canadian woman/ PMM. can the judge/adjudicator make a positive response an allow the application even do the ICI (lawyer ) refuses and the end of the hearing ?

We went to a hearing as observers and judge said he will give his response in writing in two weeks on a different case , those 2 weeks will be so painful to parties involve on that case.

 

[PMM]

Re: PMM, marriage sponsorship appeal (new question)

Hi

Wow interesting information Canadian woman / PMM. I was under the impression that the person ( the lawyer ) that the government sends was a case officer just like the person who refused the application. ( immigration officer in Mexico City ).

Canadian woman/ PMM. can the judge/adjudicator make a positive response an allow the application even do the ICI (lawyer ) refuses and the end of the hearing ?

We went to a hearing as observers and judge said he will give his response in writing in two weeks on a different case , those 2 weeks will be so painful to parties involve on that case.

The hearings officer who represents CIC is not usually a lawyer. They are employees of CIC. Yes, it is up to the Adjudicator to make the decision, although if neither side likes the decision, they can apply for leave to appeal to the Federal Court.

 

[canadianwoman]

Re: PMM, marriage sponsorship appeal (new question)

Canadian woman/ PMM. can the judge/adjudicator make a positive response an allow the application even do the ICI (lawyer ) refuses and the end of the hearing ?[/b]

Yes, the judge can decide to allow the appeal even if the Minister's counsel (the government representative) still thinks the appeal should not be allowed at the end of the hearing. It is the appeal judge who has the final word.

We went to a hearing as observers and judge said he will give his response in writing in two weeks on a different case , those 2 weeks will be so painful to parties involve on that case.

I'll say. It took my judge more than three weeks to make her decision.

 

[mikeyvr]

Re: PMM, marriage sponsorship appeal (new question)

Yes, the judge can decide to allow the appeal even if the Minister's counsel (the government representative) still thinks the appeal should not be allowed at the end of the hearing. It is the appeal judge who has the final word.I'll say. It took my judge more than three weeks to make her decision.

CANADIANWOMAN, how did u get ur results? was it by writing ? 3 weeks of wait ? what did the cic said at the end of the hearing ? what about the judge ?
I think even a week of waiting its a difficult time to wait.

can you share your experience? where did ur hearing took place ?

Thanks

 

[canadianwoman]

Re: PMM, marriage sponsorship appeal (new question)

CANADIANWOMAN, how did u get ur results? was it by writing ? 3 weeks of wait ? what did the cic said at the end of the hearing ? what about the judge ?
I think even a week of waiting its a difficult time to wait.

can you share your experience? where did ur hearing took place ?

The Immigration and Refugee Board sent me the decision. The decision was dated 3 weeks after the appeal hearing, and arrived at my house a week after that. The decision is several pages long. Basically the judge summarizes the case, the evidence, and the reasons for his/her decision. CIC is represented at the appeal hearing by the Minister's counsel. The judge is independent of both CIC and the Immigration and Refugee Board. At the end of the hearing Minister's counsel (i.e., CIC) said she was not prepared to allow the appeal, then my lawyer said she thought the appeal should be allowed. Then the judge decides.
Often the judge decides at the hearing, and will tell you her decision right away. Sometimes they can't decide and need more time to look over all the evidence.
They had the appeal hearing at the courthouse here in Saskatoon.