Immigration Canada - What do you do after you have been denied

[coco55]

Do you think the shorter way is to say that we will appeal and them use the documents to reapply or try the ADR first and reapply if it didnt work? Im a little confused?

[El_Uruguayo]

You get back all the evidence they used to take into consideration for the decision in a Certifed Tribunal Record (CTR) at the point that leave is granted (basically at the point at which the judge decides if you have enough substance to your case for it to go through.)

If you find that there are things written in the CAIPS notes or the record which you did not have a chance to respond to, you have a case. If there are many things which you didn't have a chance to respond to, or irrelevant considerations, you may have a case for consent. Really depends, if it is weighing on 1 or 2 small things, even if it is redetermined, it might not go favorably for, if there are lots, then it could go well. Based on the timelines given, and the cost of lawyers, it may not be a bad idea to reapply, in that 1) it may take less time than an appeal 2) may be cheaper, 3) proves that you are serious. The imporant thing is consistancy between the first and second application. If you have just been denied, and are still within the 60 day period, you can do an ATIP request to get the info they used in making their decision, and try to strengthen what appeared to be weak, and supplying new evidence.

I'm really not sure, it seems that reapplying may be the way to go, unless there is some gross negligence, and taking it to court could set a precedence, or be consented upon quickly, it seems as though taking it to court might not gain anything. It could take a bunch of time before a verdict is reached, and if that verdict is negative for you, then you have lost time in which your application could be processed.

It's a tough say.

[sangria]

OVERSEAS PROCESSING OPERATING MANUAL
APPEALS PROCESS

http://www.cic.gc.ca/english/resourc...p/op21-eng.pdf

[cathay]

Question?

If you decide not to appeal how long does it take for Immigration Canada to return all of the documentation you submitted with your application?

[sangria]

So far, I have found out the following...

1) You can request your CAIPS notes including your VISA file.

- I am not sure if this gets you back all of your original proof of relationship documents, pictures, copy of the answers you provided etc. I have read that it gets you a cd version of your application. Probably not the ideal answer but would at least get you some information so that you could be sure you answer the questions the same and don't have any discrepancies between the 2 applications.

2) If you send in the notice of appeal, you will automatically get your full visa file back including caips notes (all originals documents/proof that you sent in). You could then withdraw your appeal at any time and then turn around and reapply at no cost to you.

I have put the question out to a couple of other immigration experts to see if there is a 3rd option...will post as soon as I find out more.

[sangria]

To properly answer Cathay's question....your visa file won't automatically be returned to you in full if you decide not to appeal.

After talking with a few people that are in the middle of an appeal....

Some received their entire file back including all original proof of relationship items and CAIPS notes.

Some only received a partial file back.....CAIPS notes, most forms with their answers, some proof but not all things were returned.



3rd Suggestion....
It was also suggested that you could send a letter in writing to PAP, asking for all your items to be sent to the embassy in Santo Domingo for your spouse to pick them up.

It looks like the best option is to send the notice of appeal and if it is too late for that, order your CAIPS with visa file as well as asking Haiti to return your things. This might be the best combination to get the most items returned.

[cathay]

I just read on the document checklist they provide when you originally make your sponsorship application that all documents will be returned to you once a decision is made. Doesn't say how long it takes to return them though.