Court Appeal Rejected, Any More Hope?

[mercer2016]

I am posting this for a friend. He just got rejection letter from IAD for his appeal for PR status in Canada. Is it possible for him to appeal again. There is no removal order sent to him together with the appeal. He has the court hearing in August 2016, and got the letter of rejection just last week, dated September 23, 2016. Unfortunately, his wife and daughter are outside the country, they left after the hearing since his parents in law are terminally ill.

He has a job (just started after the court hearing) and owns a house where he lives in.

Any advise?

 

[zardoz]

I am posting this for a friend. He just got rejection letter from IAD for his appeal for PR status in Canada. Is it possible for him to appeal again. There is no removal order sent to him together with the appeal. He has the court hearing in August 2016, and got the letter of rejection just last week, dated September 23, 2016. Unfortunately, his wife and daughter are outside the country, they left after the hearing since his parents in law are terminally ill.

He has a job (just started after the court hearing) and owns a house where he lives in.

Any advise?

Which "court" issued the rejection? Did this case go to Federal Court?

 

[mercer2016]

The rejection was issued by Immigration and Refugee Board of Canada. Immigration Appeal Decision. He and his family had the hearing in Vancouver.

 

[scylla]

The rejection was issued by Immigration and Refugee Board of Canada. Immigration Appeal Decision. He and his family had the hearing in Vancouver.

Judicial Review (Federal Court of Canada) would be the next step in the appeal process.

 

[mercer2016]

Dear Scylla, Thank you for responding. Just checked with him, yes, he is requesting for the Judicial review. For this Judicial review, is there any chance that the appeal decision can be changed? How long will it take to get the decision from Judicial review? Thank you.

 

[Rob_TO]

Dear Scylla, Thank you for responding. Just checked with him, yes, he is requesting for the Judicial review. For this Judicial review, is there any chance that the appeal decision can be changed? How long will it take to get the decision from Judicial review? Thank you.

What is the reason PR status was revoked in the first place?
Seeing as it was already upheld in appeals, there is hardly any chance of success at next level. I believe at this stage you would need to show some error judge or CIC made to have any chance at success.

 

[mercer2016]

Rob, the reason was not meeting the RO. He was working overseas for Canadian company though, but was perceived as using that as a reason for not returning to Canada timely to meet the residency. He is still waiting for Judicial Review but is ready to leave if needed. He is thinking of applying again. Do you know if any chance for a successful application again, e.g. via express entry if he has got negative outcome from court appeal/hearing.

 

[zardoz]

Rob, the reason was not meeting the RO. He was working overseas for Canadian company though, but was perceived as using that as a reason for not returning to Canada timely to meet the residency. He is still waiting for Judicial Review but is ready to leave if needed. He is thinking of applying again. Do you know if any chance for a successful application again, e.g. via express entry if he has got negative outcome from court appeal/hearing.

This doesn't look good. If he didn't follow the strict interpretation of the "Canadian company assignment" he probably will lose the judicial review as well. IRB has had a lot of cases like this tested in the federal court and will now be more cautious before denying the appeal. Exactly how was he "working overseas for Canadian company"? How did he get hired and was he working in Canada for them before going overseas?

 

[scylla]

Do you know if any chance for a successful application again, e.g. via express entry if he has got negative outcome from court appeal/hearing.

The appeal refusal will have no bearing on a new PR application. He will be assessed just like any other applicant.

 

[mercer2016]

After removal order, can a person obtain Canadian visitor/tourist visa?

 

[scylla]

After removal order, can a person obtain Canadian visitor/tourist visa?

A person can certainly apply - up to CIC if the visitor visa is approved or not. The applicant will have to convince CIC he has strong ties to his home country and has no plans on remaining in Canada long term.