Is an appeal worthwhile?

Canada Immigration Forum (discussion group)


 
visaplace.com            
Subject: Is an appeal worthwhile?
  Hi ya
My husband was deported from Canada in Aug 2003 for being over the 6 month visitor visa. He also got a DWI while living in Canada. We are now living in the UK. I am Canadian. I wanted to return home for a visit this year (it has been two years since I´ve been home)and I wanted my husband to come with me. We applied for a Temporary Resident Visa and an Authorization to Return to Canada after Removal. An Immigration officer I spoke with by phone in London told me what we needed to fill out etc. So..we followed all the steps, sent in our processing fee and within two weeks we got a reply....A BIG FAT NO! We stressed that we were only going to go over for two weeks. We proved our ties to the UK so therefore we were no threat to staying in Canada. They sent a letter to us saying REFUSED and with no additional information on what steps we need to take next, how long we have to wait to re-apply etc. What i want to know is that..is it worth it to appeal? Can we appeal? Like - my husband is not a criminal. At the time of the DWI charge, he was not deported, the police officer let him go. He was basicaly deported because he was over his stay. he was detained in a Toronto jail for two weeks....and then removed. We tried to get him released so he could leave voluntarily and our request was denied. I find this quite harsh for someone who is not a threat to Canadian society.
What should we do? Has anyone heard of anyone appealing their final decision? Please help! Thanks

[27-04-2005,17:52]
[**.252.128.27]
LC
(in reply to: Is an appeal worthwhile?)
Well what happened has happened. Now why can´t ya continue to live in UK and go to your family in Canada and return? Why can´t your family visit Britain to visit with both of ya? If he was deported like that, it is not going to be an easy task to remove restrictions. US is also like that in cases where you have legal infractions inside US.
[27-04-2005,18:26]
[***.199.3.3]
Canadabound
(in reply to: Is an appeal worthwhile?)
Hey LC,

I can understand how much you guys are suffering. I´ll suggest you to talk to CIC officials again and ask whether he has to get pardon first or will that help his application.

Here is the link for Pardon´s: http://www.npb-cnlc.gc.ca/pardons/servic_e.htm

By the way would you be able to share as to exactly how your hubby was caught for his overstay and how the deportation order was issued.

I am asking this because everyday I hear of so many cases where people overstay and then leave the country quitely later without any trouble...it´s almost impossible for CIC to follow such cases. What happened in you hubby´s case??

[27-04-2005,19:34]
[**.183.112.122]
Robinhood
(in reply to: Is an appeal worthwhile?)
Hi Robinhood
An ex girlfriend knew he was over his stay and when he met me, she reported him to Immigration officials. Harsh, isn´t it!! Anyways, she´s screwed him for at least 5 years. I guess the next step is a Pardon but I still think he has to wait a few more years to apply for that. I´m going to write Immigration a letter and see if they will tell me what we need to do next. I just wish there was an ounce of hope they would change their minds...YA.....right!
My parents do come visit but it is more expensive for them to come to the UK. I could go home too but feel too bad leaving my hubby. Next year I just may have to do it....
Anyhow..thanks for the reply Robinhood
LC

[28-04-2005,18:13]
[**.252.128.27]
LC
(in reply to: Is an appeal worthwhile?)
Oh - one more thing...Once Immigration officials received an ´´anonymous´´ phone call, they came to my hubby´s home in Canada, checked his passport and saw he was over his stay, they arrested him on the spot and detained him in a Torono jail. They treated him like a criminal. It didn´t help he had a DWI but that was not the main reason of the deportation. We hired a lawyer to fight for his release so he could leave the country on his own....We lost! To be honest, the whole thing was a shock. When they want to be assholes, they will be assholes!
Cheers

[28-04-2005,18:17]
[**.252.128.27]
LC
(in reply to: Is an appeal worthwhile?)
So your husband who was arrested for drunk driving and for breaking immigration law shouldn´t be treated like a criminal, but the authorities are assholes? People have an interesting way of rationalizing the truth.
[29-04-2005,11:21]
[***.102.81.27]
Gouda
(in reply to: Is an appeal worthwhile?)
You or I could be caught with drinking and driving....everyone does it....Being caught for that doesn´t mean you are a criminal. And..he was over his stay....Ya - broke the law but I´m sure there are plenty of people who are in Canada right now over their stay. Why not? It´s a great country. Someone just happened to find out about him.
But hey - thanks for the negative comments. I´m sorry your life is so bad that you get satisfaction out of writing crap like that to a stranger. Big of ya...
LC

[29-04-2005,17:11]
[**.252.128.27]
LC
(in reply to: Is an appeal worthwhile?)
LC,

Do you have any reason as to why you got refused? I wonder if it was refused because he overstayed his visa or because of his DWI. Those are two separate issues in my eyes. I know DWI is a very serious offence in Canada. So I wonder what the reason was that it was refused. Did he get convicted or charged for the DWI? If he was refused because of his DWI, then the next step is the pardon. Then again, maybe he was refused because he once overstayed his visa and they fear he might do it again. When they have any doubt, the refuse the visitor visas.

I wish you luck in getting back to Canada with your hubby soon to visit!

[29-04-2005,17:53]
[**.238.226.76]
starchief
(in reply to: Is an appeal worthwhile?)
Thanks Starchief
I think you´re right..a pardon is the way to go. He was refused the visa because of the DWI. He was refused an Authorization to Return because of his deportation. On our application, we proved our ties to the UK...showing that he wasn´t a threat of overstaying. It´s probably the DWI and I think after being deported, you can not re-enter until 5 years later unless under special circumstances. They felt our reason wasn´t sufficient enough.
I´m beginning to accept the fact that we may have to wait a few more years. But it´s only $50.00 to apply for a pardon so what is there to lose?? If you´re denied, you can re-apply after a year so it´s worth a try! Thanks for the reply.
LC

[29-04-2005,19:15]
[**.252.128.27]
LC
(in reply to: Is an appeal worthwhile?)
DWI is a big deal in Canada. Just ask the premier of BC! He got caught in Hawaii and it almost brought down the government. Overstaying and being deported would suggest to CIC that your hubby does not have a lot of respect for Canadian law, so the chances of them giving him another shot at it are very slim. It is irrelevant how many people who get away with it or how he was caught. He disregarded the terms of his visa.

I would check with an immigration consultant on this one. we all have great plans and want to live our life the most convenient way possible. Sometimes the laws of cause and effect mess with those plans.

Hopefully someone might read this and consider the long term problems that can result from disregarding the law.

In the mean time, check in to your options with a lawyer. Good luck.

[29-04-2005,20:12]
[***.181.198.246]
sharon
(in reply to: Is an appeal worthwhile?)
You are so right Sharon. My hubby definitely regrets the decisions he made in the past. Hopefully this post will help someone else.
A lawyer is what we need!
Cheers
LC

[30-04-2005,17:04]
[**.252.128.27]
LC