IAD appeals, ADRs, & Federal Court judicial review

hello hassanwife congratulation that you case solved and done i need to know how the hearing  was and how  things been with you plz

Hi Everyone,

I would advise everyone here to hire a lawyer.
Even the easiest cases can make it seem very hard to prove to the deciding member.
Take Care all
:)

Hi

Noshi wrote: Hello everyonedid they ever refuse the case in Full hearing on the basis of AGE DIFFERENCE ?please tell me

Yes, it can be one of the factors, but no the sole factor for refusal. The refusal is based on whether it is Marriage of Convenience or to gain a benefit under the Immigration Act.

Family Relationships
Bad faith

    4. (1) For the purposes of these Regulations, a foreign national shall not be considered a spouse, a common-law partner or a conjugal partner of a person if the marriage, common-law partnership or conjugal partnership

        (a) was entered into primarily for the purpose of acquiring any status or privilege under the Act; or

        (b) is not genuine.

Hi Dea,
As a fact, I silently hang in the shadows in this whole scam process. To tell a truth after researching and being in the midst of all this, which we try to call immigration for family class for our spouses, I have come to the conclusion that appealing may not even be the right thing to do. At the moment, my case was forwarded back to the visa office and the file was received last March 10, 2011. It appears that winning an appeal both with the IAD and the Federal Court level does nothing to help this process in speed of having my spouse join me here in Canada. It appears to us that they are treating our case as a first time applicant no matter going to the MP's office twice this year inquiring what is going on. I have direct correspondence from both the Visa office itself via emails and written on paper letters from the Minister of Immigration's Office that completely contradicts itself. I am discovering that this Government agency that calls itself Immigration only try to cover up the truth with lies to us the public. I understand that there are tons of immigration cases "in the queue". I don't know how one case can finalize in 6 months and mine be told 19 months, when I have seen proof here on these forums that both cases are coming from the same visa office. I am very aware there is something amiss with my case, be it discrimination or whatever the reason is, I have never been privy to this information. Don't you think it odd that my ECAS has not been updated since March 10, 2011? Well, I am but a puppet in their games. And we are soon to celebrate our 5th Anniversary apart. Don't give me this bullsh*t about being non genuine or genuine. Who in their right mind thinks that we would be non genuine after all we have been through? Well, Dea, your not the only one left on this forum.
My appeal was won in 2010 my friend. It would have been easier to reapply after the first refusal, having another 3 years of proof of genuiness and ongoing communication. My husband would have been here had we just reapplied because the timeline for first time applicants is 24 months. We were refused February 2009, so now, do the math. Take my advice for those who were refused and considering appealing. I'd just reapply with your further documentation of your marriage and the help of a very well known immigration lawyer in doing that application. I'd been to MP's and Media, but nothing helps our case. It is all about good luck and bad luck and nothing more.

I'm not sure Res Judicata applies because CIC is not a legal proceeding (they certainly do not adhere to the standards of modern Canadian legal practice.)

Further, I have heard of cases in which, after a complete refusal (including denial of judicial review) an applicant has refiled and been successful in a second filing (this was in a medical inadmissibility case, my current area of study for personal reasons.)

Of course, another option (if the OP's point is correct about them not considering any new evidence) is that upon successful completion of an appeal, one could withdraw the original application and file a new application, since a withdrawn application is not a bar to a new application.

With that said, I'm not sure the OP's perspective is correct, either.  I would expect that the visa office would consider any new material submitted, including through the appeals process, although I'm sure that processing it will still take quite a bit of time - virtually everything takes quite a bit of time with CIC.