Return to Canada for Hearing the RO Appeal

[kolorah]

Hello,

I am PR but not met the RO. Last visited in Canada in 2006. PRTD Rejected in December 2017 on H&C ground. I want to return to Canada for the hearing.

As I have was not physically present in Canada once within 365 days so my application to appear is rejected.

I have also sent 2nd request to Tribunal to consider my case as I have mild hearing loss and also mentioned, I will not get the benefit of body language, lip reading or facial expression to help fill in the gaps in the spoken conversation.

But 2nd Application is also rejected.

Can anyone guide is it possible to return to Canada legally except crossing US Land Boarder.

Thanks

 

[Bs65]

Others can comment as well but would think by now your PR status has been revoked for failing the RO.

 

[dpenabill]

Hello,

I am PR but not met the RO. Last visited in Canada in 2006. PRTD Rejected in December 2017 on H&C ground. I want to return to Canada for the hearing.

As I have was not physically present in Canada once within 365 days so my application to appear is rejected.

I have also sent 2nd request to Tribunal to consider my case as I have mild hearing loss and also mentioned, I will not get the benefit of body language, lip reading or facial expression to help fill in the gaps in the spoken conversation.

But 2nd Application is also rejected.

Can anyone guide is it possible to return to Canada legally except crossing US Land Boarder.

Thanks

It appears you will not be able to return to Canada for the hearing. A licensed Canadian lawyer might (only just might) be able to help you, and otherwise it would be a good idea to be represented . . .
. . . of course whether a lawyer would be worth the expense depends a good deal on the merits of your H&C case, what you can afford, and your personal priorities (such as to what lengths are you committed to fighting to keep status, even if the odds are NOT good).

Others can comment as well but would think by now your PR status has been revoked for failing the RO.

Not sure if you are expressing a practical conclusion or an in-fact decision.

It appears the OP may have made a timely appeal and has the IAD hearing approaching. In which event PR status has not yet been lost, not formally. But given the length of the absence from Canada, as a practical matter, sure, it looks like prevailing at an appeal is a very, very long shot, so in effect one might indeed say it is probable that by now status has been lost. (And this potentially looms as a main consideration in deciding whether it is worth hiring legal counsel at this stage; most cannot afford to throw so much funding after what may likely be a lost cause.)

Given the minimal information reported, it may be that there is no appeal pending and that is the reason why the applications for special travel documents to come to Canada pending the hearing have been denied. But there is no indication, other than that the requests have been denied, to indicate this is where the matter is procedurally.

Overall, though, sure, looks like the train is about to leave the station if it hasn't already.

 

[Buletruck]

Other than a PRTD or crossing via the US border, there are no alternatives for you to return to Canada. Given you’ve been refused twice, contracting a Canadian lawyer to represent you is probably your only option at this point. Other than that, video conferencing is probably the only way you can accommodate your imparement at this juncture. To be sure, they obviously don’t feel your attendance is necessary to make their decision at this point.

 

[canuck78]

Not sure if you feel like getting to Canada will increase your odds of approval but think you need to accept that you will lose your PR. You have been out of Canada for a very long time.