Sponsorship appeal hearings marriage cases are a complex process to handle. Although, immigration cases are usually a bit difficult. If you do not have sufficient knowledge regarding this issue, you might face unnecessary hassles, and it may take ages to be completed.
In this article, you will know all the necessary details about sponsorship appeal hearings marriage cases. So, let’s move.
What Must I Show to Win My Appeal?
If you want your appeal to win, you have to take steps carefully. First, you must show some necessary proofs and documents supporting your appeal.
One of them is that you have to clarify that the refusal that the visa officer took about your spousal application was legally a wrong decision. Your appeal is completely okay, and it deserves permission or grants. You have to prove it strongly.
In case the visa officer feels any doubt about whether your marriage is legal or not and, as a result, he refuses your appeal. Then, it becomes your core responsibility to prove that your marriage was legal enough according to the law of Canada.
You can provide some documents such as your marriage certificates, country and its law where you got married, etc.
Moreover, refusal can happen due to having doubts about your immigration process (if applicable). In that case, you have to be ready with relevant documents to deal with the visa officer and prove your claims or appeal valid enough.
Do I Have to Provide Any Documents for My Hearing?
In a sponsorship appeal process, you must provide all the documents necessary for every step. It includes documents supporting your marriage as a legal and genuine one, laws of the country where you got married, the relation between you and your spouse and your plan, etc.
You better collect these documents from a professional lawyer or an expert. The best suggestion is to contact the same lawyer who was with you in your marriage (if there is any).
But remember one thing, whenever you provide any documents, try to make several copies, at least two, so that you can also store them for yourself for further use.
You have to send one copy of your documents and photos to the ministry’s counsel for your hearing and another copy you have to provide to the IAD registry office. While sending the copies to the registry office, you must attach a copy or statement showing when and how you have sent your copies to the ministry counsel.
You have to manage to send all the copies earlier so that concerned bodies can receive the documents at least 20 days before your hearing.
And before the hearing starts, the ministry council will send a copy of the record of your appeal to you and the IAD office. And you must receive these documents before 10 days from the hearing.
Can I Bring Witnesses?
Yes, you can. You can bring witnesses if you feel the need to your hearing for supporting your appeal. However, before bringing the witness to the hearing, you should take a test. You can do it by informing and asking the answers to the questions. These questions can also be asked in the hearing.
And you must inform the ministry counsel and IAD office about your witness by providing information and documents regarding him or her. This information might include:
- Witness’s address, telephone number, fax, and other contact details if possible.
- Description of testimony, e. g. how it is taken and when and for how long.
- How are you related to the witness?
- Do you want the witness to come physically, or do you want to present his or her audio or video recording?
What If I Need an Interpreter?
In case of a spouse appeal, if you feel that you might need an interpreter to understand the court language easily or in case your witness needs one, you must have to notify the ministry counsel and IAD office immediately.
You have to inform them at least 20 days earlier than your hearing day. No delay will be considered. You can better tell them by providing a written statement or meeting them physically if you want.
Do not forget to mention which language or dialect you prefer to have an interpreter for. IAD office can arrange an interpreter for your interpreter or you for the hearing.
What If My Witness Is Not in Canada?
If your witness or spouse is not in Canada at the hearing time, you have to inform the IAD office or at least a member of IAD without any delay. You can request them to allow you to make phone calls during the hearing for their testimony.
They might allow you, if possible, to do so. If you can make phone calls to your witness, make sure you have a phone card or calling card from a reliable phone company.
Because, sometimes, calling cards of many companies do not work that much well, and IAD typically does not permit to continue phone calls to another country or any international number more than two hours. So, be ready with your tools.
If your phone calls or calling cards, nothing is working properly, IAD member then possesses the right to continue the hearing process without the testimony from the witness.
Where Will My Appeal Hearing Take Place?
Generally, in Canada, sponsorship appeal hearing cases take place at the IRB. IRB stands for Immigration and Refugee Board which is one of the largest tribunals in Canada.
Your case hearing will happen in the same place. IRB is independent; it does not belong to either CIC (Citizenship and Immigration Canada) or CBSA (Canada Border Services Agency).
Who does Will decide My Appeal?
A selected member from IAD (Immigration Appeal Division) belonging to the IRB (Immigration and Refugee Board) will be given the charge to decide your appeal.
Who Will Be at My Appeal Hearing?
First of all, the appellant, which is you, will be there. On the front side of the hearing room, the IAD member, the decision-maker of your appeal, will be seating. There might be counsel from your side if you feel that you need someone to recount you.
A minister’s counsel will also be there. He will ask questions to your witness and you, display evidence and so on. There might be your witnesses if you choose any. Interpreters will also appear there if needed. Finally, public members can also join if they want.
Do I Need Someone to Represent Me in My Appeal?
It depends actually, depends on your need. Typically, there are no bindings to have someone to represent you in your appeal. But if you feel that if you have someone, it will be helpful for you to make the concerned body understand your logic and words, then you can have one or more.
You already know that the minister’s counsel will be at the hearing room for asking questions and arguing against your appeal. You have to answer and defend your appeal boldly there. So, for your confidence and support, you can choose someone to be representing you where you feel weak and vulnerable.
Finally, we conclude our discussion about sponsorship appeal hearings marriage cases here. You might have got answers to all your questions and confusions regarding this issue.
Hopefully, if you face any such situation in your own life, this information will help you the most. For better results, contact a professional lawyer in this field.