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Appeal questions- Need expert help

bahaar

Star Member
Jun 14, 2012
81
9
Toronto
Job Offer........
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LANDED..........
27-09-2010
I am in the process of submitting an appeal for my father who is a PR holder and his Travel document request based on H&C was rejected by Abu Dhabi office. I have some technical questions in order not to make his case worse in future:

1- In the appeal form we can select:" I wish to return to Canada to appear at my hearing in person".
  • 1- What is the process of IAD granting and approving entry? What happens after we apply and how long it will take for them to respond approving or rejecting the entry. Is it going to be only for date of his court or before that?
  • 2- What are the chances of IAD approving his entry? Is it high or rare?
  • 3- If IAD refuse the request of entry for hearing does it considered “refuse of admission” that we need to tick later on “ spousal sponsorship forms” mm5669e Background/Declaration #12. Does any refusal in this stage harms his chances on spousal sponsorship application later?
  • 4- if we lose the appeal is the judge going to issue 'Removal order" no matter what or just give him a deadline to leave Canada?
 

armoured

VIP Member
Feb 1, 2015
15,362
7,831
3- If IAD refuse the request of entry for hearing does it considered “refuse of admission” that we need to tick later on “ spousal sponsorship forms” mm5669e Background/Declaration #12. Does any refusal in this stage harms his chances on spousal sponsorship application later?
So to clarify, his spouse is a PR or citizen in Canada (and if PR, in compliance with residency obligation)?

If so, does not affect or harm his future chances on spousal sponsorship.

Sorry, don't feel I can answer your other questions.
 

bahaar

Star Member
Jun 14, 2012
81
9
Toronto
Job Offer........
Pre-Assessed..
LANDED..........
27-09-2010
So to clarify, his spouse is a PR or citizen in Canada (and if PR, in compliance with residency obligation)?

If so, does not affect or harm his future chances on spousal sponsorship.

Sorry, don't feel I can answer your other questions.
Yes, My mother is Canadian Citizen and lives in Canada. We don't want to do more harm to my father chances to enter Canada therefore we don't want to take any steps during the appeal that might affect any spousal sponsorship application later. WE already feel that it was a mistake to request PRTD and got rejected immediately!
 

scylla

VIP Member
Jun 8, 2010
92,821
20,488
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
I am in the process of submitting an appeal for my father who is a PR holder and his Travel document request based on H&C was rejected by Abu Dhabi office. I have some technical questions in order not to make his case worse in future:

1- In the appeal form we can select:" I wish to return to Canada to appear at my hearing in person".
  • 1- What is the process of IAD granting and approving entry? What happens after we apply and how long it will take for them to respond approving or rejecting the entry. Is it going to be only for date of his court or before that?
  • 2- What are the chances of IAD approving his entry? Is it high or rare?
  • 3- If IAD refuse the request of entry for hearing does it considered “refuse of admission” that we need to tick later on “ spousal sponsorship forms” mm5669e Background/Declaration #12. Does any refusal in this stage harms his chances on spousal sponsorship application later?
  • 4- if we lose the appeal is the judge going to issue 'Removal order" no matter what or just give him a deadline to leave Canada?
I've already offered my opinion in your other thread however you seem convinced that the PRTD refusal / appeal will harm a future spousal sponsorship application. I give up on that front.

Has your father been to Canada in the past year? If not, you should expect that the request to attend the hearing in person will not be granted. He would then need to wait out the appeal in his home country.
 
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armoured

VIP Member
Feb 1, 2015
15,362
7,831
Yes, My mother is Canadian Citizen and lives in Canada. We don't want to do more harm to my father chances to enter Canada therefore we don't want to take any steps during the appeal that might affect any spousal sponsorship application later. WE already feel that it was a mistake to request PRTD and got rejected immediately!
I only now glanced at other thread after seeing scylla comments.

Not an expert buy I think he's right. You're not going to get different useful answers by starting new threads.

His chances at appeal are low. His chances of getting dispensation to come to Canada if he has not been in last year are low.

His chances of getting accepted in a new spousal sponsorship are good.

If the question is that you don't know how to answer that one specific question on the form attach a letter of explanation.

Appeal if you wish but it will take a long time with low chances of success. New spousal sponsorship will take less time with low chances of refusal.

He will not be punished for losing his previous status.

There are details such as social assistance his spouse should resolve before applying.
 

canuck78

VIP Member
Jun 18, 2017
52,969
12,771
I have some concerns about the validity of your parent’s relationship. In previous posts you indicated that your sister could not accommodate both your mother and father and that’s why he didn’t come to Canada. How much time have your parents spent together in the past 5-10 years. When did your mother move to Canada?
 

canuck78

VIP Member
Jun 18, 2017
52,969
12,771
I have some concerns about the validity of your parent’s relationship. In previous posts you indicated that your sister could not accommodate both your mother and father and that’s why he didn’t come to Canada. How much time have your parents spent together in the past 5-10 years. When did your mother move to Canada?