Hong Kong Visa Post, UNFAIR?

Canada Immigration Forum (discussion group)


 
       
Subject: Hong Kong Visa Post, UNFAIR?
  This is a rant about what happens when certain individuals are given too much authority. It could be about the Hong Kong Visa staff being poor losers!

Love and destiny can throw couples many curves in life but once in a while a fast ball right over the plate is deserved as well.

My clients were dating then decided to go their separate ways. One got married and immigrated to Canada then had a child and the guy got married and stayed in China. Several years later after both got a divorce (independently) they met by chance and became lovers again.

Even though the man had a very successful business in China he decided to immigrate to Canada because his Canadian step-child could not cope with the poor air quality in China.

The couple got married in March of 2006. They took their time completing all the immigration forms and collecting appropriate supporting documentation like letters, phone bills, etc. then submitted their Spousal Sponsorship application to Mississauga CPC in June of 2006.

Due to the fact it was their second marriage for both and he had a successful business including other factors the husband/applicant was asked to attend a Spousal Interview at the Hong Kong Visa Post in March of 2007.

The husband/applicant was asked many aggressive questions by the Visa Officer. Most of the questions were not very clear. When he responded an even more aggressive question was asked. The Visa Officer would than state that his responses were not credible but from reading his responses many others found his responses to the actual questions were very logical.

One question that surprised me was he was asked “When did your relationship become Romantic?” Well romance to one man can be totally different to another. His reply was when we started going out to restaurants and seeing shows and movies on this (date) approximately. His wife/sponsor was working in a Bank as a teller and he would go in and chat with her on a regular basis. The Visa Officer found it unusual that it took the husband so long to develop a relationship with a pretty Bank teller. Some men can be bold and ask any pretty woman for a date and others take their time to feel that a yes will be forthcoming.

Finally at the end of the interview after many times being told his answers or that answer was not logical or credible he was asked to write his and his wife’s name and address on a piece of paper.

The Visa Officer showed him two envelopes one sent from Toronto to him and an envelope supposedly sent to him from his wife in Toronto. The Hong Kong Visa Officer then claimed that the both envelopes and the names he had just written were all written by him! It took her two seconds to reach that conclusion.

The Visa Officer claimed that he had been sending mail to his wife’s address in Toronto and that he had gotten someone to mail a return letter to him, all completed and signed by him. That not one letter had ever been sent by his Canadian wife.

His Sponsorship was refused in early June 2006 for Misrepresentation IRPA A40 due to these envelopes all supposedly written by him and for being a non-genuine marriage as per IRPR Regulation 4.

His wife immediately filed a Spousal Appeal to the IAD Immigration Appeal Division when she got the refusal letters on June 25th 2007. It took the Hong Kong Visa Post an excessive amount of time to send the file to the Toronto Hearings Office. Why?

Appellant/Canadian wife was refused an alternate dispute resolution ADR because there were two allegations of refusal and the hand writing issue of misrepresentation is too complex to be handled at any ADR to the time constraints of an ADR. That was fair and logical.

We obtained two expert hand writing experts to prove that the English and Chinese hand writings on the various envelopes were from two separate writers. We submitted this evidence in advance of the full Spousal Appeal hearing.

The Toronto Hearings Officer never challenged the authenticity of the two separate hand writing experts so all we had to prove was whether or not this couple were in a genuine marriage.

The Full Appeal hearing occurred on November 9th 2009 and Immigration Appeal Division (IAD) Member Dolan rendered his positive decision on December 22nd 2009. The Canadian wife appeal had been allowed and the Hong Kong Visa Post was ordered to continue processing.

The Toronto Hearings file was sent back to Hong Kong Visa post and the Hong Kong Visa Post created a new file number as of February 2009. we thought the Hong Kong Visa Post would comply with the IAD Member and continue processing.

We contacted the Hong Kong Visa Post four times asking the status of the file and requesting they send the applicant a new medical. We never got any response!

Finally when the wife could take no more she asked us last week to be more aggressive with our requests as to the status of her husband’s file.

We decided to send the actual IAD decision showing that we had provided two expert handwriting experts and all the explanations for any answers given during the Spousal Interview in Hong Kong. This seemed to upset the Hong Kong Visa Post.

Even though the IAD decision clearly had my name as representing this applicant during his wife’s Spousal Appeal the Hong Kong Office claimed they had no evidence of me being the applicant’s authorized representative and that they had no use of representative form on file. They never claimed that before when they didn´t respond the four previous times. So I sent another Use of Representative form again with the IAD decision and WOW I got a reply.

“The file is in queue for review”!

I already had that information from Toronto Hearings office that the file was in process or in queue for review but it has been in there office since July of 2006. Now it has been seven months since they created a new file number and the Hong Kong Visa Post has not even requested a new medical, police clearance or written the applicant for an updated application form. WHY?????

Another Full Spousal Appeal we were successful with in December of 2009 had the applicant and her two sons being sponsored by a Canadian man.

We won that Spousal Appeal as well so we thought his wife and two step-sons would soon be in Canada, as well. Nope, the Hong Kong Visa Post is now claiming even though they have the original birth certificates that the applicant and her two sons take a DNA test to prove that these dependents are actually her children. This had nothing to do with the original reasons for refusal. Is this a stall tatic?

Maybe I’m wrong but do you not think that the Hong Kong Visa Post should be more sportsmen like and when applicants and their sponsors win a Spousal Appeal they walk off the field and behave properly by reunifying families quickly as per the objectives of the Immigration Act?

Roy Kellogg
Cvimmigration.com



[15-09-2010,07:18]
[**.30.132.192]
Roy
Thank you (in reply to: Hong Kong Visa Post, UNFAIR?)
I wonder if you could keep us informed with the follow-up specials of the past GTA immigration stories.


e.g

a single Chinese mother was granted PR not too long ago.

Cordially yours,

[16-09-2010,14:40]
[**.233.201.58]
Anonymous
(in reply to: Hong Kong Visa Post, UNFAIR?)
This is the current issue (PERIOD)if you would google CBC stories and videos about Harper in China and marriages you would be CORDIAL.

The Video and CBC story claims Hong Kong Visa Post has already refused 53% of all Spousal Sponsorships this year. There is a man in the story who can not get his wife here.

Keeping a loving couple apart since March of 2006 and telling them their file is in queue is not acceptable. When the Visa Officer all of a sudden becomes a hand writing expert and has rendered her decision before asking one single question is unacceptable.

Never asking for a DNA of an Applicant and her sons before refusal and then asking for something that was not part of the original refusal is unacceptable.

You not starting a new thread is insulting and not very cordial Anonymous 233.201.158

Roy
cvimmigration.com


[17-09-2010,08:28]
[**.30.132.192]
Roy
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