visa for canada...emj_08, process from start to finish - Page 12

lexi · #**111** 07-08-2009, 07:52 PM

emj_08:

I hope you get a hearing date soon - did they give you any kind of timeline for this?

emj_08 · #**112** 07-08-2009, 09:18 PM

My lawyer said they can't give a timeline, but it's measured in months... so yuck. We officially appealed the decision today. My lawyer has seen all my arguments and said we can get it overturned. We have legitimate, undeniable explanations/arguments for every reason for the denial. We also have both our landlords who will testify via telephone at the hearing, so that will squash the assumption that we never lived together. It's just a waiting game now.

The lawyer also said my denial letter was rude, innapropriate for government standards, and the tone obviously shows her decision was already made before any of the extra documents were submitted, and before the interview. So that ain't right. Plus, they overlooked our joint bank account, which shows committment and a shared household/life. So we have many many points to argue.

cathay · #**113** 07-08-2009, 09:26 PM

Good for you emj 08!
I had a good cry when I first read about your application being refused. I really feel for you. I am so glad that you are going to find some justice in what appears to be an arbitrary decision by a disgruntled, rude and ineffective bureaucrat. You go girl , I'll be praying for you and your partner and watching for future updates.
Suerte
Cathay

sangria · #**114** 07-09-2009, 10:13 PM

EMJ,

Did your laywer advise you that you will need to go through the mediation hearing first where only you are interviewed and then if you are denied again, you will go to the full court hearing where witnesses will be allowed?

Maybe DD can post how long it took for the mediation hearing and the approx. wait time for the full court hearing....I would think you are looking at least at 6 months for the mediation hearing and close to 2 years for the full court hearing.

dominican_daisy · #**115** 07-09-2009, 10:38 PM

Also, again having gone through all of this before.....when you appeal you have a mediation first with no witness, this takes 4-6 months, its just you, your lawyer and the mediator, if after that they still dont believe you, then its goes to a hearing, which can take almost 2 years for a date.

Again i'm speaking from Personal experience.
DD

AnnaC · #**116** 07-09-2009, 10:53 PM

Let's keep this thread in support of emj_08 .

Dominican Daisy has first hand experience on appealing a decision so please keep in touch with her.

emj_08 · #**117** 07-11-2009, 01:29 AM

My lawyer said nothing of this mediation thing. We had a consultation and filed the appeal, but we have much more to discuss, so I'll ask about that. But it's kind of good news I guess... I could have the mediation and get the decision overturned quicker than expected. We'll see. Keep you posted.

sangria · #**118** 07-11-2009, 10:25 AM

definitely ask him to go through the process and to find out what timeframe you are looking at.

it doesnt sit well with me that he didnt already advise you of the mediation step (ADR hearing).

i hope he knows what he is doing and not just taking your money!

sangria · #**119** 07-20-2009, 10:54 AM

Hi EMJ,

I just wanted to let you know that I was reading another immigration website and people were discussing appeals for common-law applications.

I wouldnt take this as fact as I dont have a source to back it up but this is what they were saying...

ADR hearings are typically used in Spousal Appeals and not in common-law cases
Common-Law applications often go straight to the full court hearing

It is at the discretion of the people approving your appeal request to suggest which route your file will take.

I hope all is going well!
Sangria