We're appealing with IAD as a family of three (couple plus a minor child). Will IAD give one decision for all three family members or can it give individual decisions for each member? The reason I'm asking is I figure the parents do not stand a chance given zero days in Canada in past five years, but I'm hoping the child will get h&c considerations. If we assume the child, who has Canadian relatives willing to be the guardians, stands a good chance, then one decision for the whole family will jeopardize the kid's chances. That's why I'd like to know if IAD can/will give separate decisions (e.g. dismissing the parents' appeal but allowing the kid's). Has IAD ever done this before? If IAD never does this (i.e. they'll only give one decision for the whole family), then can the parents voluntarily withdraw or abandon their appeal so that only the child will be appealing? Thanks for any help you can give us!
Family appeal with IAD -- one decision for family or separate decisions?
- Thread starter gacr
- Start date
Re: Family appeal with IAD (Residency Obligation)
The child can get H&C considerations if he or she applies for a PR travel document at the age of 18. Removed from Canada as a minor by their parents is pretty good grounds. How old is the child? Is it really important for the family that the child should stay in Canada at this point, separated from the parents?
CIC will not give the parents a chance just because of the child. They will say that if the child does not meet the residency requirements, it has weak ties to Canada and that it would not be a problem for the child to stay with his or her parents in their country as they probably have been doing for the past 5 years. I do not know if they will just revoke all of their PRs at this point as a family. They just might. IMO if the parents don't have a chance, they should withdraw all their appeals and let the child grow up with his/her parents and apply for a PR travel document once he/she is 18.
The child can get H&C considerations if he or she applies for a PR travel document at the age of 18. Removed from Canada as a minor by their parents is pretty good grounds. How old is the child? Is it really important for the family that the child should stay in Canada at this point, separated from the parents?
CIC will not give the parents a chance just because of the child. They will say that if the child does not meet the residency requirements, it has weak ties to Canada and that it would not be a problem for the child to stay with his or her parents in their country as they probably have been doing for the past 5 years. I do not know if they will just revoke all of their PRs at this point as a family. They just might. IMO if the parents don't have a chance, they should withdraw all their appeals and let the child grow up with his/her parents and apply for a PR travel document once he/she is 18.
Re: Family appeal with IAD (Residency Obligation)
Thank you Leon for your quick response. The kid is 15 and wants to attend high school in Canada. I wonder why you insisted on the age of 18. I'm not aware of any written regulation regarding 18 as a fixed point in time. Even if it's more advantageous to wait for three years it's already too late since the kid's PRTD was also refused so not appealing would have meant the loss of his PR so he won't be able to apply for PRTD again at 18. So do you think appealing at 15 will be less likely to succeed (for h&c) than at 18? Since the kid's appeal has to go ahead, I'm wondering if the parents should withdraw their appeals to boost the kid's chances. But suppose all three go ahead with the appeals, while IAD denial for all three is definitely probable, could it also be possible that IAD might dismiss the parents' appeal while allowing the kid's? Are there any precedents that you can recall? This info will be very important for us at this stage. Thank you!
Thank you Leon for your quick response. The kid is 15 and wants to attend high school in Canada. I wonder why you insisted on the age of 18. I'm not aware of any written regulation regarding 18 as a fixed point in time. Even if it's more advantageous to wait for three years it's already too late since the kid's PRTD was also refused so not appealing would have meant the loss of his PR so he won't be able to apply for PRTD again at 18. So do you think appealing at 15 will be less likely to succeed (for h&c) than at 18? Since the kid's appeal has to go ahead, I'm wondering if the parents should withdraw their appeals to boost the kid's chances. But suppose all three go ahead with the appeals, while IAD denial for all three is definitely probable, could it also be possible that IAD might dismiss the parents' appeal while allowing the kid's? Are there any precedents that you can recall? This info will be very important for us at this stage. Thank you!
Re: Family appeal with IAD (Residency Obligation)
So does it mean a child applying for PRTD or appeal with IAD at 18 is more likely to succeed than at 15? In our case, can a 15-yo child appeal (his PRTD was already rejected along with the parents') on his own or does he have to appeal together with the parents? If they appeal together, could it be possible that IAD might dismiss the parents' appeal while allowing the kid's? I especially want to know if this has ever happened with family appeals. Thanks.
PMM said:
So does it mean a child applying for PRTD or appeal with IAD at 18 is more likely to succeed than at 15? In our case, can a 15-yo child appeal (his PRTD was already rejected along with the parents') on his own or does he have to appeal together with the parents? If they appeal together, could it be possible that IAD might dismiss the parents' appeal while allowing the kid's? I especially want to know if this has ever happened with family appeals. Thanks.
We are in the same situation as yours . Any update on your case we are family of 4 with 2 minors denied of PRTD. How was your IAD ? Please share your experience, any updates will be very helpful .
Thanks
The post you are replying to is 10 years old. Once you have been denied PRTD you can either appeal or you lose your PR status. If all 4 of you applied then there is no guarantee that your children can retain PR status. They can apply to immigrate when they are adults.
