Have the rules for appeals changed?

Canada Immigration Forum (discussion group)


 
visaplace.com            
Subject: Have the rules for appeals changed?
  My husband´s PR application was refused because the visa officer did not believe we had a genuine marriage. We are appealing. Appeal hearings are supposed to be de novo hearings, which means new evidence as to the genuineness of the marriage will be accepted. However, a lawyer told me that the rules for appeals have changed, and now they will not accept evidence from after the interview (or that this evidence will be given little weight). I´ve been reading recent appeal cases on CANLII, and sometimes they give little weight to new evidence, but sometimes they DO seem to accept it. So which is it?
A lot of the evidence that my husband and I have a genuine marriage comes from after the interview, which was almost a year ago - travel, phone bills, money transfers. Is this evidence useless or not?

[14-02-2010,16:55]
[***.233.152.29]
canadianwoman
(in reply to: Have the rules for appeals changed?)
evidence after the fact is too easily manufactured so that is why CIC is skeptical.
[14-02-2010,19:40]
[**.154.245.217]
Sharon
(in reply to: Have the rules for appeals changed?)
Canadianwoman

Loved your comment.

However, a lawyer told me that the rules for appeals have changed, .....LOL What is the main business of that Lawyer Real Estate Law LOL HOPEFULLY YOU NEVER PAID THIS LAWYER!

You found CANLII which has been of no help to you and now you found this site, good going Girl! Find the IAD web site or go to the IRB web site left side there is a link with lots of information there.

Sharon is right to a point, new evidence can seem manufactured but it is your job to make it appear genuine.

Have you gotten the CAIPs notes yet.
Have you gotten the record yet.

Read this http://www.cvimmigration.com/spousal-appeal.html

Know how long it takes him to get to work by the way he gets there. Know everything about his body and if he or you have any marks, scars or tattooes and be able to describe same. Be able to describe the furniture and other details of his residence and his bedroom.

Look up Chavez vs MCI which clearly establishes by the Federal Court what you and he should know about each other.

I will be conducting a seminar March 25th to teach other representatives how to win a spousal appeal. We will have a roll play of an actual full spousal appeal process at Centennial College in Toronto. Reason is that there are too many new representatives that do not understand the process. Just like the LAWYER you talk to.

I always say only hire a representative who you have reference(s) from and that is PLURAL. Let them prove that they have won simialr case(s) before. PLURAL

This is your life, your partner, do not risk this one chance at happiness in Canada to a rookie.

Your not going to hire a guy with rented tools to build you a house so get lots of references.

Wish you the best of luck but if there selling point is not common sense to you RUN!

Roy
www.cvimmigration.com

[15-02-2010,07:34]
[**.15.48.245]
Roy
(in reply to: Have the rules for appeals changed?)
Here you are CanadianWoman, smile.

The genuineness of the marriage is based on a number of factors. They are not identical in every appeal as the genuineness can be affected by any number of different factors in each appeal. They can include, but are not limited to, such factors as the intent of the
parties to the marriage, the length of the relationship, the amount of time spent together, conduct at the time of meeting, at the time of an engagement and/or the wedding, behaviour subsequent to a wedding, the level of knowledge of each other’s relationship histories, level of continuing contact and communication, the
provision of financial support, the knowledge of and sharing of responsibility for the care of children brought into the marriage, the knowledge of and contact with extended families of the parties, as well as the level of knowledge of each other’s daily lives. All these
factors can be considered in determining the genuineness of a marriage.


NOW DID MEMBER HOARE GET IT RIGHT

I THINK SO.

Happy, smile

Roy
www.cvimmigration.com

[15-02-2010,08:11]
[**.15.48.245]
Roy
(in reply to: Have the rules for appeals changed?)
Thanks, Roy, for your reply. What really bothers me is that, when reading cases on CANLII, identical evidence is accepted in some cases, and given no weight in other cases. For example: In case A, extensive phone records are accepted as proof of contact; in case B, the member hearing the appeal notes the extensive phone records, but says they must be false because the couple doesn´t know enough about each other to have talked that much on the phone; and in case C, the member gives no weight to the extensive phone records because most of them are from after the interview.
So what is the applicant supposed to do? Of course half the phone bill evidence I have is from after the interview, because it´s been almost a year since the interview and my husband and I have naturally continued to talk. It all seems to depend on who hears your appeal.

[15-02-2010,15:15]
[***.233.152.29]
canadianwoman
(in reply to: Have the rules for appeals changed?)
CanadianWoman

Sharon gave great advice and I clarified her advice but you did not really accept that advice so read it again!

"evidence after the fact is too easily manufactured so that is why CIC is skeptical".


Quote "Sharon is right to a point, new evidence can seem manufactured but it is your job to make it appear genuine". UnQuote


Did you read what you wrote --in case B, the member hearing the appeal notes the extensive phone records, but says they must be false because the couple doesn´t know enough about each other to have talked that much on the phone;---THEY KNEW NOTHING ABOUT EACH OTHER!!!

Case C the phone records seem manufactured because there was little if any phone records prior to the interview. CHAVEZ vs MCI

WHEN YOU RESEARCH ISSUES AND GET ADVICE TAKE SOME TIME TO THINK ABOUT THE ADVICE YOU RECEIVE INSTEAD OF BEING SO NEGATIVE!

You got Chavez vs MCI plus this advice "Know how long it takes him to get to work by the way he gets there. Know everything about his body and if he or you have any marks, scars or tattooes and be able to describe same. Be able to describe the furniture and other details of his residence and his bedroom." and you still don´t understand what you have to prove????????

Girl it is all common sense!

If you have got lots of phone records and have cohabitated with him as husband and wife you should know whether or not he, walks, drives or takes transit to work and if he has a mark, scar, tattoo, foreskin etc. or not.

****You coming back to this phone record issue again and again makes me believe that your marriage is not genuine and you not saying you have retained counsel to represent you at your spousal appeal raises more questions.***

Your researching everything but have no representative assisting??? hmmmmmm Could that be interpreted that you don´t really care about him and your trying to be penny wise and pound foolish because he is not really that important?

Everything we do with our senses we interpret. Some will interpret your actions one way and others another.

R U manufacturing evidence with your phone records? Maybe YES maybe NO!

Is this a genuine marriage? Maybe YES maybe NO!

If this is a genuine marriage I wish you all the common sense the two of you can muster.

Roy
www.cvimmigration.com



[16-02-2010,07:09]
[**.15.48.245]
Roy
(in reply to: Have the rules for appeals changed?)
It IS a genuine marriage, as far as I can tell, but who knows what my husband is thinking. The visa officer thought we didn´t know enough about each other at the interview. I think we do, but it all depends on what questions are asked, and the attitude of the visa officer.
[16-02-2010,18:35]
[***.195.79.246]
canadianwoman
(in reply to: Have the rules for appeals changed?)
please don´t misunderstand my comments - YOU trust this guy but much smarter woman than you have been betrayed under similar circumstances. So, may I suggest you seriously consider the aprehension of CIC and let them help you find out the truth.
[16-02-2010,20:30]
[***.20.121.15]
Sharon
(in reply to: Have the rules for appeals changed?)
Well was I proven right again.

Still no representative for the spousal appeal of her loving husband (who knows what he is thinking). Girl if you don`t know what he is thinking who would-----

Your post has been answered and you have been given quality advice.

Roy
www.cvimmigration.com

[17-02-2010,06:23]
[**.15.48.245]
Roy
Reply to the Have the rules for appeals changed? posting
Submission Code (SX25299) Copy The Code From The Left found in the brackets
Name
Email
Reply Subject
Reply Message


Canada Immigration Forum at Canadian Cities Website. Imigrants helping imigrants! Follow Oliver Lepki on Google+!
Web Site Design - Abacus.ca