after appeal approved

I am beginning to get really confused now.When we had our appeal march 21 2011.It was approved.I was asked to send our decision letter to Rabat Morocco by fax the last week of May 2011.ok this is where i start to get really confused.The Canadian visa office in rabat Morocco sent my husband papers to redo his medical, police report,passport pics and copies of passport and national card.My husband had everything done and sent them  within 3 weeks of the 60 days visa office had given him. The Visa office received his papers June 15 2011 and then his medical from Paris July 18 2011.So I assumed visa office had my husbands file if they requested all of this within 60 days which they did.I thought couples who had been through the appeal process were suppose to be finished before first applicants that is what i was told at our appeal hearing.Since everything had been done I had assumed we would hear from the visa office for my husband to bring his passport that did not happen.The reason I thought this is my brother in law had his visa in two weeks after he had received the same letter.He had no appeal.I emailed the visa office in Rabat <Morocco and asked how long the proces was after appeal of course no answer just a link that toook me to a chart for Quebec.I am  in Ontario and we are in family class.Anyway the chart said 22 monhs from when process was started.Does this mean when we first sent our application to cic in mississauga,or from the interveiw that was denied or from the time when the appeal was allowed? And of course visa office will not explain.Although i did send a reply that i was not from Quebec but in Ontario within the family class .If somebody can explain this to me I would be eternally grateful TB

turquoise,

Embassies are supposed to give allowed appeals priority processing, but that was not what we experienced through Buffalo.  Not to freak you out but an allowed appeal still is no guarantee.  They cannot refuse again for the same reason, but they can refuse on new grounds if something else is discovered - so they do complete a new assessment.  It isn't just "submit a new medical and new clearances and we'll send your COPR".

In our case, it took just as long for the application to be reprocessed as it took to get a decision the first time around.

Edited by RobsLuv - 12 Aug 2011 at 8:26pm

Hi

turquoise wrote: Happeniss: as per reading your previous post, you were denied on the initial application & upon appeal you were also denied. Were you denied on the ADR & they said you have to go to full hearing? Is this right? if my understanding is right, then you still have hope. my suggestion, just simply get to know your wife and vice versa as this is the reason why you weren't approve. better yet, hire a dependable & good lawyer to help you but still the outcome really depends on how you & your wife`s answer coincide. Minister`s counsel are there to fight to court that what the immigration`s decision is right, you & your wife`s responsibilities are to convince the panel(judge) that your marriage is genuine & not use solely for getting a PR. these people are trained to read minds by how you & your wife answers & body language. Your embassy is one of the notorious visa offices rejecting spousal due to marriage for convenience. my husband was denied due to his inadmissibility issues. We were not approved at the ADR(mediation) & CBSA/IRB suggested to have a short full hearing. my appeal was allowed mainly for Humanitarian & Compassionate grounds...in short for the best interest of the child involved ( we have a 4 yo son together). My visa office agreed my marriage is genuine, as per our proofs submitted as my husband is the sole beneficiary to my RRSP & likewise me as his beneficiary & dependent on his benefits when we was working here in Canada Plus we have a son together, we share the same address & show lots of pictures & telephone bills. If you are already denied at the full hearing, I apologize as I don`t know what will you do next. I haven`t encounter any person doing it yet. Good Luck.

1. If you are denied at a full Appeal hearing, basically it is over. You can apply for leave to appeal to the Federal Court, but in spousal cases it is rarely granted.
2. You can re-apply, but would have to have proof to overcome the reason for the refusal. If the new evidence is not really convincing and new, then you can count on another refusal and then the doctrine of Res Judicata being invoked, which means "it has already been decided" and the appeal is dismissed.

Every embassies are different, I am dealing with Vienna visa office. IAD decided that my case will not be under ADR on November 2010 & was scheduled for a short full hearing last April 2011. It really depends on your visa office & if IRB is scheduled tight this time. Some I know takes more than a year just to have the full hearing court date. gather lots of evidence. after 2009, did your wife visit you or vice versa? the video conference you are mentioning, was that an ADR?  

Edited by turquoise - 15 Aug 2011 at 9:11am