Chances of Wining H&C appeal

[AAZH]

Hello Senior members,
I along with my wife & son Landed as immigrant in May 2005 & later went back to our native country; our cumulative stay was 20 days. I planned to go back after one year but was not able to do so due to my illness; in the mean time my wife got pregnant and another baby boy was delivered in Oct 2006.
I went to Canada in August 2007 to sponsor my son and permanently settle there but had to come back after a month due to sudden illness of my mother and difficulties being faced by my wife in handling the two kids alone.
I stayed in my native country and waited for the immigration of my son (applied for sponsorship during my stay in Canada) but lately after some correspondence our local high commission refused my sons case with the plea that during the processing of my sons case I mostly stayed out of Canada. It is worth mentioning that my mother (65) required 6 months extensive care and also my father (72) had to underwent major surgeries during the period Sep 07 & Aug 08; hence, the three years residency period was finally breached.
My parents have finally moved to another country to join my brother and as i have not been able to meet the residency obligation; hence, have just applied on H&C grounds along with all pertinent document; just wanted to know what are the chances of winning the case?
Came to know through forums that chances of winning H&C appeals are very infrequent!

Rgds,

[AAZH]

Sorry Guys, actually i have applied for a travel document with residency obligation waiver request on H&C grounds. Came you know that probability of getting through in such cases is rare. Please advice.

Rgds,

[PMM]

HI

Sorry Guys, actually i have applied for a travel document with residency obligation waiver request on H&C grounds. Came you know that probability of getting through in such cases is rare. Please advice.

Rgds,

With no ties to Canada, not so good.  You may wish to Search CanLaw http://www.canlii.org/en/ca/irb/index.html  with title residency

PMM

[AAZH]

Thanks PMM.

 @ LEON what is your opinion?

Rgds,

[Leon]

My opinion is that it's worth a try but I don't think your chances are very good.

[AAZH]

And what are the prospects if i file a appeal with Immigration Appeals Division after the refusal?

Rgds,

[Paradigm5]

I went through the landing procedure and received PR status in May 2008, whereupon I spent about ten days in Canada and then returned home.  I am carefully looking at the number of days to maintain the PR status, and I am planning to reurn to Canada in early March 2011, which will give me enough time to complete the required two years.  My question is simple:  I have heard that often the immigration officers don't bother stamping the visa, especially if one enters by car.  I plan to enter by bus.  If they don't stamp the passport, should I ask them to do so?  I figure that this way, I will at least have a clear record of entering this year.  Please let me know your thoughts on this matter.  Many thanks.

[Baloo]

And what are the prospects if i file a appeal with Immigration Appeals Division after the refusal?

Rgds,

Still not good.

[Leon]

I have heard that often the immigration officers don't bother stamping the visa, especially if one enters by car.  I plan to enter by bus.  If they don't stamp the passport, should I ask them to do so?  I figure that this way, I will at least have a clear record of entering this year.  Please let me know your thoughts on this matter.  Many thanks.

Yes, you can tell them your situation and why you need your passport stamped and I am sure they will not have a problem doing it.