AdUnit Name: [AboveMainContent]
Enabled: [Yes],
Viewed On: [Desktop],
Dimensions: [[728,90],[970,250],[300,250]]
CampaignId: [/22646143967/candadavisa/ForumHeaderGeneric],
forumSection: Immigration to Canada, subForumSection: Family Class Sponsorship
I need help regarding spouse appeal hearing with IAD.
My husband was inadminissibility under section 36(2) (b)of IRPA until June 5, 2014. Now, I appeal the decision based on the interviewer that my husband can be allowed on humanitarian ground.
I won't mind previous experiences or ideals. Thanks
That will be almost impossible to do given that your husband was inadmissible for "having been convicted outside Canada of an offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament, or of two offences not arising out of a single occurrence that, if committed in Canada, would constitute offences under an Act of Parliament;", (which is Section 36(2)(b))
H&C is for people who will experience excessive hardship if they were to return to their home country due to no fault of their own. By being convicted of a crime, that kind of throws H&C out the window.
I’m not clear on all the H&C reasons, but if you have a child in common, especially if that child was born in Canada, wouldn’t that be grounds for H&C?
I don’t know your situation, and sorry I don’t have anything more useful to add..
But I am asking, as I am concerned for my Application as well, as my husband has a record for a minor offense in the US….(
What was the conviction for, if you don’t mind my asking? You can PM me if you wish…..
mikeymyke said:
That will be almost impossible to do given that your husband was inadmissible for "having been convicted outside Canada of an offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament, or of two offences not arising out of a single occurrence that, if committed in Canada, would constitute offences under an Act of Parliament;", (which is Section 36(2)(b))
H&C is for people who will experience excessive hardship if they were to return to their home country due to no fault of their own. By being convicted of a crime, that kind of throws H&C out the window.
Thanks for ur reply. IAD have set a date for interview and I am wondering what I should do.
ACS said:
I'm not clear on all the H&C reasons, but if you have a child in common, especially if that child was born in Canada, wouldn't that be grounds for H&C?
I don't know your situation, and sorry I don't have anything more useful to add..
But I am asking, as I am concerned for my Application as well, as my husband has a record for a minor offense in the US....(
What was the conviction for, if you don't mind my asking? You can PM me if you wish.....
He was caught travelling to Canada with wrong passport given to him by an agent
Woodex said:
I need help regarding spouse appeal hearing with IAD.
My husband was inadminissibility under section 36(2) (b)of IRPA until June 5, 2009. Now, I appeal the decision based on the interviewer that my husband can be allowed on humanitarian ground.
I won't mind previous experiences or ideals. Thanks
Any prior experience with IAD "NO show" hearing. I have hearing coming next month
Woodex said:
Any prior experience with IAD "NO show" hearing. I have hearing coming next month
Hello Woodex try this link below. It is the thread for all of the spouse appeal cases. You will likely find better information here. You can also re-post your questions directly to this thread. When it comes to the appeal stage it is usually best to get some help from a lawyer that specializes in this area. Blessings.
http://www.canadavisa.com/canada-immigration-discussion-board/all-spouse-appeal-cases-come-here-and-join-us-plz-t87619.0.html
Woodex said:
He was caught travelling to Canada with wrong passport given to him by an agent
That implies that he was caught with false documents *before* he arrived in Canada. You would not get a normal passport from an "agent", so he must have been trying to enter illegally. That is going to be a problem even without the Criminal Inadmissibility issue. If he had managed to get to Canada and been caught, he could have received a prison sentence of up to 14 years. S. 122 (1)(b) of IRPA.
CdnandTrini said:
Hello Woodex try this link below. It is the thread for all of the spouse appeal cases. You will likely find better information here. You can also re-post your questions directly to this thread. When it comes to the appeal stage it is usually best to get some help from a lawyer that specializes in this area. Blessings.
http://www.canadavisa.com/canada-immigration-discussion-board/all-spouse-appeal-cases-come-here-and-join-us-plz-t87619.0.html
Thanks so much!!!!
AdUnit Name: [BelowMainContent]
Enabled: [No],
Viewed On: [Desktop],
Dimensions: [[728,90],[300,250]]
CampaignId: [/22646143967/candadavisa/ForumHeaderGeneric],
forumSection: Immigration to Canada, subForumSection: Family Class Sponsorship