dido123 said:
Hello All,
Kindly note that im planing for an appeal. I asked an lawyer about my case and he said to me that i must first send the form of the appeal and by fax and after 1 week i have to call appeal center and they give me application number for my appeal .after that i have to apply for new prtd with the my appeal application file number and supported documents in CIC to go to Canada to attend the hearing .I have question.Is that true, and what about sending first the appeal form to appeal center without documents,only sending while applying to a new prtd with the supported documents.
Can you help me plz before sending the form without the documents according to my lawyer.
Thank you,
I assume: you are currently a PR abroad, you applied for a PR Travel Document, and that was denied. And now you are appealing that denial.
I do not know the form or procedure for perfecting the appeal, but the lawyer is probably correct.
You should have received some instructions about filing an appeal in the notice that your PR Travel Document application was denied. In particular, the notice of denial should have been accompanied by a letter notifying you of your appeal rights and an attachment containing instructions.
Follow those instructions.
In particular, I am not certain what your letter stated, and of course what it stated is what matters; otherwise, my understanding is that to perfect/make the appeal, you must submit copies of the letters and notices received and a completed Notice of Appeal form. I do not have a copy of this form. I suspect you must include some detailed information in the form, and that it will instruct you as to what else must be included with that. Following those instructions should suffice. I do not know, however, the procedure for submitting additional documentation in support of your case (documentation in addition to that submitted with the original PR TD application itself). It may warrant noting and emphasizing, however, that you should have submitted, with the application for the PR TD itself, supporting documentation to prove that you complied with the Residency Obligation or deserved to keep PR status due to specified and documented H&C grounds. I am not even sure to what extent you can supplement supporting documentation in the process of appealing the denial, or the procedure for doing so.
You may be able to contact the Embassy involved and get more information, such as verification of the process for perfecting the appeal.
You can also contact a different lawyer (unless you actually have retained a particular lawyer; if so I am not sure of the procedure for obtaining a second opinion).
Be absolutely certain to get the appeal form filed on time.
I am not sure, but I get an impression you might not have a clear understanding of what an application for a "new prtd" is about. The application for a "new prtd" is for a special Travel Document. And my understanding is that there are two types of PR TDs in this regard (one for PRs who have been present in Canada within the previous 365 days, and a more restrictive one for those who have not been in Canada for more than a year, and only if IAD is satisfied your presence is required will the latter be issued).
The application for a new PR TD is
not another shot at applying for the PR TD already denied. Do not get confused about this.
The appeal itself is your only avenue to pursue maintaining your PR status. If you do not succeed, if you lose the appeal, PR status is revoked (well, I have seen one recent case in which the legality of a Departure Order was upheld, but the IAD issued a stay, allowing the PR to still have status and be in Canada for three years, scheduling a review in 2017; this is a procedure I am not familiar with and I have no idea if it is an alternative available in the appeal of a PR TD denial). T
In any event: even if you are issued a PR TD following the application for a "new prtd," you must still follow through and win the appeal or you lose PR status.
