APPEALS TO THE IMMIGRATION APPEAL DIVISION

 There are three basic types of Appeals.

      ·        Spousal Appeal

     ·        Criminality Appeal

     ·        Residency Appeal

 Spousal Sponsorship Appeals are the most common.

When any Visa Post refuses your Spousal Sponsorship application the applicant or person interviewed (PI) will have an idea of the reason for refusal. What the applicant thinks is the reason for refusal and what actually are the reasons can be totally different.

First we interview the Sponsor and read carefully both refusal letters even though the reasons provided in either refusal letter rarely shed any light on the reasons for refusal.

If we believe you’re in the right, we would be willing to represent you. In rare cases it is sometimes better not to appeal because it could affect the status of the sponsor who would be our client.

When it is clear that the Visa Officer did not consider all the evidence or the Applicant and their Sponsor either submitted insufficient evidence or a misunderstanding occurred by all means file an appeal with the Immigration Appeal Division (IAD). The Applicant and the Sponsor must focus on winning and not affixing blame to the Visa Post Officer or your partner!

We can assist you with explaining away any unusual answers by your partner. Always remember men are from Mars and Women are from Venus and we see things so differently most of the time. Many times the actual reasons for refusal are very illogical and can be explained to the IAD.

Hiring an experienced Counsel like Roy Kellogg who can prove they have won many Spousal Appeals and who will provide references will make the difference.

The Spousal Appeal Process consists of two segments which are a Full Appeal or an Alternate Dispute Resolution (ADR). Not all appellants are entitled to a less formal ADR. It depends on the issues involved in your particular Spousal Sponsorship.

ADR or Alternate Dispute Resolution.

ADR is an informal meeting with the Ministers Representative as well a DRO Dispute Resolution Officer from the IRB Immigration and Refugee Board and your authorized representative Roy Kellogg of CV Immigration.

You will discuss the issues for the refusal around a board room table and the Ministers Counsel must be satisfied that more then likely you (the sponsor) will be successful at your full appeal.

Body Language as well your explanation of your partner’s responses will have to be explained. Do not refer to your partner as (my husband – my wife) call them by their name. Never say he or she did this because a he or she is someone you don’t know walking down a street, they are not the person you want to spend the rest of your life with.

Your knowledge of what happened, when and why will convince the Officer your in a real relationship. The applicant will not be asked any questions at an ADR so it is totally up to the Sponsor to convince the Ministers Counsel.

We assist you by putting you through several questions and answer sessions so you will know how to behave and how to respond to their questions.

Full Appeal is a formal hearing conducted in a formal setting at the Immigration and Appeal Division. The Ministers Counsel will have already provided what is known as the Record to you and the IAD. The Record includes some of your forms submitted including the Officers notes of your partner’s interview at the Visa Post. CV Immigration staff along with your Counsel Roy Kellogg will have put together a submission on your behalf as per the IAD rules. These items will be recorded as evidence before the questioning begins.

The Spousal Sponsorship Appeal Hearing begins with your Counsel Roy Kellogg asking you questions about your partner. Questions could include dates of birth of the applicant and his/her dependents, phone numbers, how they get to work and how long it takes them. How you met and maintain contact. Personal questions like cohabitation and why you answered question # __ the way you did.

There are open questions and closed questions. An example of an Open Question would be why you decided to marry this particular person.

A closed question could be, have you ever been divorced? This requires a yes or no answer.

Mr. Kellogg begins asking you questions he will have already found some areas that your partner did not explain very well or had provided what they think to be an illogical answer. He will ask you some questions so that you and your partner can explain why you answered those questions on the forms the way the record shows. Mr. Kellogg will focus on areas of knowledge that either party should know then ask the other partner to prove that the two of you have intimate knowledge of each other. An example is where you have a scar or tattoo.

Ministers Counsel asks questions after Mr. Kellogg finishes his examination in chief of the Sponsor. The Ministers Counsel will try to make you change your answers or ask further questions regarding the answers you gave to Mr. Kellogg so be aware if they are acting friendly the Ministers Counsel job is to prove your not in a real relationship! Always take time answering a question and if you need a second to think take a sip of water. If the question is unclear answer the Ministers Cousel with a question like do you mean?

IAD member questions may ask for clarification while your Counsel or the Ministers Counsel has asked a question. Normally he/she will ask questions their questions after the Ministers Counsel finishes and then each counsel will be able to ask additional questions based on the members questions. In consultation with Mr. Kellogg and based on the evidence it will be decided to call your partner overseas to answer more questions so that they can explain what they meant by some of their responses during their Visa Post interview.

Your Partner gets asked questions by phone only if Mr. Kellogg thinks it necessary. You must understand if the record shows he/she did not explain themselves well they should have an opportunity to clarify issues. Sometimes it is not best to call the Applicant because the Sponsor has clarified everything and the Applicant can cause problems to arise again.

HOW WE ASSIST

·        We immediately apply for the Visa Officers notes called CAIPs notes to get a clearer picture of any possible reason for the Spousal Sponsorship refusal.

·        We get the actual interview notes weeks before CBSA would ever provide them. We review the Visa Officers notes to try to resolve any misunderstanding by obtaining evidence.

·        We start ensuring that there is quality evidence of maintaining contact.

·        We review all the application forms to ascertain any possible mistakes.

·        We look everywhere for mistakes and start preparing both the applicant and sponsor to be able to answer every question regarding the application.

·        We ensure that our clients are communicating frequently and proving that the duration of calls is significant for lovers. Most people now communicate via web cam so plenty of photos showing different situations should be present. This could be changes in facial hair or hair styles even different computers.

·        We look at all the photos and pick the best photos to prove a bond between the couple.

·        We put together a complete submission package that convinces Ministers Counsel to give our clients an ADR instead of making them wait for a full hearing.

·        Our submission package will focus on clearing up any contentious issues that were mentioned by the Visa Officer.

Then we send the Applicant and the Sponsor a list of normal questions most Appellants are asked. After reviewing the record we interview the Sponsor three or four times to resolve any confusing issues raised by the Visa Officer. We ensure that the Sponsor and the Applicant know how to respond to questioning to convince others that they are indeed in a genuine relationship.

Criminality Appeal

Once a permanent resident has been convicted of serious criminality Immigration may become involved. It may be a conviction you had many years ago or it may be a recent serious criminality issue.

The Procedure;

Canada Border Service Agency (CBSA) will call you in for an interview regarding your conviction(s). They will look for you to accept some responsibility and remorse.

This may be difficult for you because you may have agreed to plead guilty to get the matter over with because Legal Counsel told you they had worked out a deal and all you would get was probation.

·        If the CBSA Officer believes your remorse he/she will only issue a stern warning letter.

·        If the CBSA Officer does NOT believe your remorse he/she will send you to an admissibility hearing to attempt to deport you for serious criminality.

 Admissibility Hearing

 The main issues at your admissibility hearing will be the following;

·        Name, date of Birth, Country of Birth?

·        Are you a citizen of Canada?

·        Of which country are you a Citizen?

·        Are you a Permanent Resident of Canada?

·        Were you convicted of _____ offence in Canada?

·        Did you appeal that conviction successfully?

·        Did you obtain a pardon for that conviction?

You are found described and the Immigration Division member issues you a deportation order and then Roy Kellogg immediately submits your appeal to the Immigration Appeal Division.

Deportation Appeal

The IAD unlike the Immigration Division can consider changes in your character from the time of the conviction until the date of your Appeal Hearing including Humanitarian and Compassionate factors. CV Immigration will assist you in improving your chances of winning your Deportation Appeal based on these factors. If you listen to CV Immigration and change your ways Roy Kellogg and his staff will finds ways to get the IAD to give you a Stay of your Deportation Order.

 ·        If your conviction was for assault we will send you to anger management classes whether you feel you need them or not. We will have you join certain organizations so you are a more productive member of Society.

·        If your conviction was for Drug Offences we will send you to Drug Rehabilitation classes whether you feel you need them or not. We will have you join certain organizations so you are a more productive member of Society.

We will assist you in any behavioral changes required to convince the IAD member that you deserve a Stay of Removal. It is your behavior that needs to change and we all resist change. Many times your home country is not the best country and that holds little if any weight especially because you already knew that and chose to live a life of crime.

 Roy Kellogg and CV Immigration have been very successful with a Criminality Appeals and will allow you to speak to several successful clients so you better understand the quality of representation and all procedures.

 Residency Appeals

 Normally this occurs when a Permanent Resident (PR) submits a request to renew their Permanent Residency card and CIC sees that the applicant appears to not have complied with their residency requirements. 

They will not renew the PR Card and send it to a local office for an investigation. They ask the applicant to answer several questions and this is the best time to hire Roy Kellogg to assist. There are valid reasons that even if the applicant had been not been in Canada for 570 days in a five year period the CIC Officer may except that explanations along with Humanitarian and Compassionate factors.

 If the Officer believes there are no grounds to overlook the applicant’s absences from Canada you will be sent to an admissibility hearing then an Appeal Hearing.

 The best time and most effective time is to deal with the residency issue at the investigation stage because when one has experience it should be used to explain away all the extenuating circumstances of the absences.