Can a person who is Not a PR appeal deportation order???

[VioletBlue]

I have an phone interview w CBSA at the end of this month and just preparing for the Worst case scenario...

In case they decide to deport me can I appeal it?

I am not a Permanent Resident

 

[CdnandTrini]

I have an phone interview w CBSA at the end of this month and just preparing for the Worst case scenario...

In case they decide to deport me can I appeal it?

I am not a Permanent Resident

Hello VioletBlue and in order for any one to be able to answer you question or provide any help we would need to know more details such as: What is your current status? Country of Origin, have you filed any paperwork to stay in Canada, are you a refugee without papers so far? Members will need some context and background information. How were you selected for a phone interview/why? Once you share some of that you will get more responses. Blessings.

 

[scylla]

Hello VioletBlue and in order for any one to be able to answer you question or provide any help we would need to know more details such as: What is your current status? Country of Origin, have you filed any paperwork to stay in Canada, are you a refugee without papers so far? Members will need some context and background information. How were you selected for a phone interview/why? Once you share some of that you will get more responses. Blessings.

See:

http://www.canadavisa.com/canada-immigration-discussion-board/please-help-t180519.0.html

 

[VioletBlue]

I am out of status...was just getting documents to send in my application when 2 CBSA officers showed up at my home and asked questions and arranged this phone interview.... I'm married have one 20mth old and pregnant w out 2nd....needles to say I'm terrified of what might happen...so just trying to mentally prepare I guess...for the worst

 

[VioletBlue]

Thanks Scylla

See:

http://www.canadavisa.com/canada-immigration-discussion-board/please-help-t180519.0.html

 

[Ponga]

Based on the responses you've received to your other post, I think you know that the answer is, without a doubt, no, you can't.

Again, you now have an amazing opportunity! Some people that experience your `nightmare' don't have this option, because they had not even started the sponsorship process.

If you do nothing, it only increases the chance of you being deported.

If you get your application together ASAP, your chance of deportation would diminish.

I'm not trying to be unsympathetic, because I am (believe me), but you should be spending your time working on your application!!!!!!!!

 

[Ponga]

Have you seen the publication ip08 (available on CIC's website)?

There is a section (Appendix H) that details the public policy for someone deemed to have a Lack of Status, which might be helpful for you, but...
it does show this:

“Lack of status” does not refer to any other inadmissibilities including:
• failure to obtain permission to enter Canada after being deported.
• persons who have entered Canada with a fraudulent or improperly obtained passport, travel
document or visa and who have used the document for misrepresentation under IRPA.
NOTE: For greater certainty, persons will be excluded from being granted permanent residence under
this public policy if they used a fraudulent or improperly obtained passport, travel document or visa to gain
entry to Canada and this document was not surrendered or seized upon arrival and the applicant used
these fraudulent or improperly obtained documents to acquire temporary or permanent resident status.
Other cases may be refused for misrepresentation if there is clear evidence of misrepresentation under
IRPA in accordance with the Department’s guidelines.
• persons under removal orders or facing enforcement proceedings for reasons other than the
above-noted lack of status reasons.

NOTE: Most persons who are under a removal order or facing enforcement proceedings are eligible for
initial consideration under the public policy as they meet the criteria in R124... They cannot however
receive a positive final decision or acceptance of their case (i.e., grant of permanent residence) as they
will be found inadmissible in the step two examination of their case.

I hope that I'm wrong, but that seems to say that if proceedings have begun before you have submitted your application, you would not be approved for PR, but since your removal order would not be based on anything OTHER THAN your `above-noted' lack of status, maybe this wouldn't apply to you after all.



Again, all the more reason to get your application in ASAP! There have been others here that have had less time and have managed to get their applications submitted. Yes, it seems overwhelming but you CAN do it. Believe in yourself!!

 

[VioletBlue]

I don't think you are being unsympathetic....I know Ive waited a long time and now Im paying for it...
Thank you for your advice....I Am working on my application, trust me....

Based on the responses you've received to your other post, I think you know that the answer is, without a doubt, no, you can't.

Again, you now have an amazing opportunity! Some people that experience your `nightmare' don't have this option, because they had not even started the sponsorship process.

If you do nothing, it only increases the chance of you being deported.

If you get your application together ASAP, your chance of deportation would diminish.

I'm not trying to be unsympathetic, because I am (believe me), but you should be spending your time working on your application!!!!!!!!

 

[Ponga]

We're all here to help, in any way that we can.

Take a deep breath and see this as a `one piece at a time' puzzle.
Break it up into small, bite-sized pieces!

Take solace in knowing that you are NOT the only person in this position!

 

[VioletBlue]

Thank you....I really appreciate everyone's support

We're all here to help, in any way that we can.

Take a deep breath and see this as a `one piece at a time' puzzle.
Break it up into small, bite-sized pieces!

Take solace in knowing that you are NOT the only person in this position!