Application for Travel Document rejected. Help please!

[nitup]

Hi!

I posted a few months ago about my mother in law, who due to health reasons was not able to meet her residency obligations. Being that her PR card was expired, she had to apply for a travel document.

What brings me back here now is that my mother in laws request for travel document has been rejected. We had supplied some medical documents stating that she was unfit to travel, but they have still refused entry.

They say we have to appeal.

Is this a long process? What is the success of such appeals? If the appeal is rejected, does that mean she may never enter canada again? Or can she reapply from scratch as new PR? Or at least enter canada as a visitor? Is it advisable to hire a lawyer for this appeal process?

Someone mentioned that if she has a US visa, she can reach the US and try to enter canada by road? Is this a realistic option? Especially now that she has already been refused? Perhaps it was an option before applying?

This is very stressful for our family and we have no idea where to start. Sorry for the many questions but I hope someone can shed some light on the situation.

Thanks a bunch!

 

[steaky]

Yes, the only option is to appeal. If she has not apply for a travel document, reach the US and then Canada is an option, but now it's too late.

 

[nitup]

How long is the appeal process? Somewhere in the documents it's says she can be present in canada for her appeal? Is this true? Don they really grant this?

 

[PMM]

Hi

How long is the appeal process? Somewhere in the documents it's says she can be present in canada for her appeal? Is this true? Don they really grant this?

Only if the appellant has been in Canada in the past year.

 

[nitup]

Does the appeal process take very long? I mean is it some months, or some years process?

 

[PMM]

Hi

Does the appeal process take very long? I mean is it some months, or some years process?

Up to a year or more depending on the office.

 

[Msafiri]

Hi!

I posted a few months ago about my mother in law, who due to health reasons was not able to meet her residency obligations. Being that her PR card was expired, she had to apply for a travel document.

What brings me back here now is that my mother in laws request for travel document has been rejected. We had supplied some medical documents stating that she was unfit to travel, but they have still refused entry.

They say we have to appeal.

Is this a long process? What is the success of such appeals? If the appeal is rejected, does that mean she may never enter canada again? Or can she reapply from scratch as new PR? Or at least enter canada as a visitor? Is it advisable to hire a lawyer for this appeal process?

Someone mentioned that if she has a US visa, she can reach the US and try to enter canada by road? Is this a realistic option? Especially now that she has already been refused? Perhaps it was an option before applying?

This is very stressful for our family and we have no idea where to start. Sorry for the many questions but I hope someone can shed some light on the situation.

Thanks a bunch!

1. I recall with other posters suggesting entry via the US but you took the risk of TD application. Its best to mitigate your PR risk by taking the option with less CIC intervention/ interaction and that is a land border crossing. Still some risk but on the lower scale.

2. She can still enter via the US but she will likely get a lecture at the border and even pressure to sign a voluntary relinquishment of PR as they will have the refusal on their databases. She shouldn't sign anything without a clear understanding of what is going on. Also any days in Canada no longer count for Residence Obligation until she wins her appeal - effectively her RO counter is stuck at zero. If she does enter Canada its best for her to sit tight till appeal is decided but as per timelines below she may find this an issue.

3. You must appeal within 60 days. If you don't PR loss is effective on day 61. Count the days carefully...include mailing times in this very tight window.

4. Appeals are listed for hearing before the Immigration and Refugee Board (IRB) current timelines are 12-18 months. Any party that looses the IRB case can apply to the Federal Court (FC) for permission to appeal. This is another 12-18 month timeline. CIC usually let a loss on their side slide unless there is scope for a precedent case where they go to the FC. The IRB can direct CIC to issue a TD to the appelant to attend the hearing in person but she must have been in Canada at least once in the 365 days prior to TD application...even then IRB can reject requests for TD to attend hearing. If denied in person hearing then appeal is either on the papers or via telephone conference with the appelant required to provide calling cards - saving Canadian Taxpayers Funds. If the telephone system back home is unreliable then she is already on the back foot.

5. To win the appeal you must show in detail the humanitarian and compassionate reasons for the breach. You state she was sick - submit medical records detailing the ailment. It must have had a clear and conclusive impact on her ability to travel. How many days is she short? The more days she has towards the RO the better for her but if its zero days in 5 years then its a tough sell.

6. Your case is specific to your situation and due to its nature is usually outside the realm of the forum. Get some legal help on this. Other things CIC will look at - ties to Canada, how soon after PR she left, if she was living in Canada prior to illness or she was 'visiting', her status in her country of residence, why she never got medical treatment in Canada, if she returned at the first available opportunity, if she is given her PR back will the cycle re-visit itself, can she travel to Canada easily via visitor visa etc.

7. If you loose the appeal you get a departure order to leave Canada usually wihin 30 days unless stated otherwise after which it becomes a deportation order.

8. If she wins the appeal she gets her PR back but if she doesn't really live in Canada you will be back here in 5 years time.

You will need patience for this. Good luck.

 

[nitup]

Thank you so much msafiri for the detailed explanation. It is much appreciated.

Guess we have a long process ahead of us. We were very hopeful for a positive reply on the travel document because we did supply drs letters to prove she was unfit to travel. Plus she was 620/730 on the residency obligations. Just a little over 3 months shy of the obligation.

It seems like this is a very complicated process. She has not been in canada in the last 365 days so I guess appearing in canada for the appeal is not an option..but any chance they would let her visit on any other terms during the 12-18 months appeal process? Visitor visa? Or super visa? Or if her appeal is denied, is it likely they will ever issue her a visitor visa? Or is entry to canada totally closed? Also if the appeal is denied, and we don't want to appeal further, can we not just reapply as a new PR?

Thanks so much!

 

[Msafiri]

Thank you so much msafiri for the detailed explanation. It is much appreciated.

Guess we have a long process ahead of us. We were very hopeful for a positive reply on the travel document because we did supply drs letters to prove she was unfit to travel. Plus she was 620/730 on the residency obligations. Just a little over 3 months shy of the obligation.

It seems like this is a very complicated process. She has not been in canada in the last 365 days so I guess appearing in canada for the appeal is not an option..but any chance they would let her visit on any other terms during the 12-18 months appeal process? Visitor visa? Or super visa? Or if her appeal is denied, is it likely they will ever issue her a visitor visa? Or is entry to canada totally closed? Also if the appeal is denied, and we don't want to appeal further, can we not just reapply as a new PR?

Thanks so much!

1. Her shortfall of days relative to 730 is not extensive so this is in her favour. The judge will look at the overall situation as per factors mentioned above. The challenge is justifying the shortfall over a 5 year window. Its easier if the ailment prevented planned travel just shy of the 730 day timeline.

2. Until loss of PR is formalized either by her not appealing in 60 days or IRB deciding against her she remains a PR albeit in 'limbo' for residency purposes so she will not get any other Canadian visa. She can voluntarily relinquish her PR and apply for a visitor visa but she faces the prospect of rejection. Chance of a super visa IMHO are better but she would have to pass a medical which maybe a challenge as its her health that has impacted on her Residence Obligation.

3. Entry via the US at a land border crossing remains the only viable option until appeal decided. Theoretically she can enter mutliple times but in practice she will likely have an unpleasant experience at each entry by way of stern lectures. It depends if she can handle it..she may get an easy going CBSA agent.

6. The waiting times for an IRB hearing especially if your case is weak and its easy to get sponsored again discourages many applicants from appealing. Many usually get re-sponsored especially in categories and visa offices with short processing time around 9-12 mths. The parents class is closed now so she would have to apply for PR via some other route.

7. If she wins is she willing to live in Canada for as long as it takes to get her PR back on track and preferably citizenship?