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appeal against PRTD Refusal by visa officer at New Delhi - hearing scheduling notice

Kumar2018

Member
Jun 17, 2018
11
0
even though chances of success of my residency obligation appeal are almost nil Bcoz my grounds for appeal are some small but irritating health problems like like anal Fistula, and arrhythmia and i was not present in canada even for a single day during the 5 year period of determination, still i wish to know whether I should hire a counsel for my appeal hearing which is to be scheduled after i send my documents.what are the tentative fees for such services? and which law firm is affordable and good? can i hire someone from India also for this purpose,as my location is India. In the absence of a lawyer i will have to attend the hearing myself by videoconferencing.Thanks.
 

scylla

VIP Member
Jun 8, 2010
93,310
20,712
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
even though chances of success of my residency obligation appeal are almost nil Bcoz my grounds for appeal are some small but irritating health problems like like anal Fistula, and arrhythmia and i was not present in canada even for a single day during the 5 year period of determination, still i wish to know whether I should hire a counsel for my appeal hearing which is to be scheduled after i send my documents.what are the tentative fees for such services? and which law firm is affordable and good? can i hire someone from India also for this purpose,as my location is India. In the absence of a lawyer i will have to attend the hearing myself by videoconferencing.Thanks.
If you want to hire a lawyer it should be one in Canada and not India. Expect this to cost a few thousand dollars. I would not recommend hiring a lawyer in your case since your medical issue was minor and you have no real H&C case to make.
 
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Kumar2018

Member
Jun 17, 2018
11
0
If you want to hire a lawyer it should be one in Canada and not India. Expect this to cost a few thousand dollars. I would not recommend hiring a lawyer in your case since your medical issue was minor and you have no real H&C case to make.
thanks a lot for replying. chances of getting the PR again are also about nil due to age factor( i have just turned 40 last week) and experience being old.so i am not even able to convince my self to just abandon or withdraw the appeal. any other way out for retaining the PR or applying afresh?
 

scylla

VIP Member
Jun 8, 2010
93,310
20,712
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
thanks a lot for replying. chances of getting the PR again are also about nil due to age factor( i have just turned 40 last week) and experience being old.so i am not even able to convince my self to just abandon or withdraw the appeal. any other way out for retaining the PR or applying afresh?
If you want to retain PR, then the only option is to be successful at the appeal hearing. Again, I think the chances of that happening are extremely low. But obviously your choice if you move ahead with the appeal or not.

If you want to apply afresh, you will need to research Canada's immigration programs to see what your options are. Agreed you are probably too old for Express Entry - you can see if the Provincial Nominee Programs might work.
 

Kumar2018

Member
Jun 17, 2018
11
0
If you want to retain PR, then the only option is to be successful at the appeal hearing. Again, I think the chances of that happening are extremely low. But obviously your choice if you move ahead with the appeal or not.

If you want to apply afresh, you will need to research Canada's immigration programs to see what your options are. Agreed you are probably too old for Express Entry - you can see if the Provincial Nominee Programs might work.
Thanks again.. i am curious to know and may sound idiotic even but , can societal conditions and the resulting lack of fair treatment and chance to a responsible citizen in his personal circumstances be cited during appeal to seek condoning of residency obligation, so that one could have a chance at a better life.
As it is, i am not entering Canada by illegal means nor do i wish to come what may, i am just seeking condonement of my residency obligation by adding these grounds, in addition to my health grounds, which, i feel, could be worth consideration by the decision makers . They may not agree, i understand, but could such things be cited? will it make my appeal even more hopeless than it already is?
please ignore my foolishness .
 

canuck78

VIP Member
Jun 18, 2017
53,060
12,802
Thanks again.. i am curious to know and may sound idiotic even but , can societal conditions and the resulting lack of fair treatment and chance to a responsible citizen in his personal circumstances be cited during appeal to seek condoning of residency obligation, so that one could have a chance at a better life.
As it is, i am not entering Canada by illegal means nor do i wish to come what may, i am just seeking condonement of my residency obligation by adding these grounds, in addition to my health grounds, which, i feel, could be worth consideration by the decision makers . They may not agree, i understand, but could such things be cited? will it make my appeal even more hopeless than it already is?
please ignore my foolishness .
You were only asked to do one thing as a PR which was to meet the very lenient residency obligation. Your health issues would not have prevented you from making the trip had you prioritized keeping your PR status. You had access to healthcare in Canada. The argument will be you had your chance but didn’t prioritize a life in Canada.
 

scylla

VIP Member
Jun 8, 2010
93,310
20,712
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Thanks again.. i am curious to know and may sound idiotic even but , can societal conditions and the resulting lack of fair treatment and chance to a responsible citizen in his personal circumstances be cited during appeal to seek condoning of residency obligation, so that one could have a chance at a better life.
As it is, i am not entering Canada by illegal means nor do i wish to come what may, i am just seeking condonement of my residency obligation by adding these grounds, in addition to my health grounds, which, i feel, could be worth consideration by the decision makers . They may not agree, i understand, but could such things be cited? will it make my appeal even more hopeless than it already is?
please ignore my foolishness .
You can site these reasons but I don't think they will help your case. Unfortunately your case for retaining PR is weak.
 

Kumar2018

Member
Jun 17, 2018
11
0
Thank you both of you, Canuck and scylla, for responding to my queries.
Do you have any idea about the personal hearing through videoconferencing, as to how long it lasts and, official (s) in/of what capacity interact with the appellant. what are the prerequisites for preparing for the personal hearing? even if it is a lost cause , I would like to at least put my case before the hearing officer as best as possible on my part. any other tips before facing the hearing ?