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Child PR card expired outside Canada, decision of parents

Asher Matthew

Newbie
Dec 11, 2017
9
0
Mauritius
Hello,
I am from Mauritius and I have been living in Québec for more than a year. I gained pr status. My mother was living alone with my sister and I. Yet after some times, my mother fell sick (heart disease) and we had to go back to the country. Furthermore, my father did not find a job in Québec. Besides, he still had the opportunity to regain his former job in Mauritius which was more stable. Therefore in June 2010 the whole family returned back to Mauritius. I was 7 years old and I didn't get to choose whether to stay or to go. Later, my father said that he would not go back to Canada. My mother expressed her desire to follow her husband and to stay in Mauritius. Yet they told me it was possible for me to go back later on which i found out not to be true.

Now my father has left the country and went to work as an engineer in Kenya. My mother is therefore staying alone with us till the end of our high school studies. Yet she is falling sick again. This time diabetes. She wants to go in Kenya with my father and live there with him. Yet my sister and I didn't adapt to the educative system there.
I am now 17 years of age and almost done with my high school. I asked my parents if I could try to go back. They finally agreed. Yet they say that my sister is too young to go back to Canada alone with me.

Moreover, my PR card has expired and I know I therefore need a TD to go back. Yet I don't think I satisfy the criteria to ask for a TD. I herd that I should therefore ask for Humanitarian and compassionate grounds. According to the OP10 Permanent Residency Status Determination page 15 I am eligible for Accompanying a PR outside of Canada.
Does that make me eligible for a TD?
Furthermore, According to OP10 Permanent Residency Status Determination page 15, it is stated that in evaluating humanitarian and compassionate factors, the manager or immigration officer must take into account the best interests of the children directly affected by any determination of their residency status or that of their parents.
Does that mean that I will get Humanitarian and compassionate grounds?

Finally is is also said that Managers and immigration officers should not limit the exercise of their discretion only to cases of unusual and undeserved hardship. They should consider approving cases on humanitarian and compassionate grounds wherever the hardship of losing residency status would have a disproportionate impact on the permanent residents or on their family members, taking into account personal circumstances.

Does this means that approval of a PRTD is subjective and that it usually depends on the Immigration officers or managers?

Thank you,
Asher Matthew.