How to request a TD from IAD when a loss of status made outside Canada?

[Jasonchang]

I applied for TD on H&C and was refused.

I am planning to appeal and also wanting to be in Canada for the hearing.

However, the instrustion of appealing is very confusing, even the instrustions in IAD website (some instrustions are discrepant to each other)

here is my question: how to request a travel document to return to canada at my hearing in person? Is it that i should just write a letter asking for TD and hand in with the Notice of Appeal?

Thanks in advance.

 

[Baloo]

I applied for TD on H&C and was refused.

I am planning to appeal and also wanting to be in Canada for the hearing.

However, the instrustion of appealing is very confusing, even the instrustions in IAD website (some instrustions are discrepant to each other)

here is my question: how to request a travel document to return to canada at my hearing in person? Is it that i should just write a letter asking for TD and hand in with the Notice of Appeal?

Thanks in advance.

So you applied for a Travel Document on humanitarian and compassionate grounds and you were refused:

The CIC site states:

There is no right to appeal a refused application for permanent residence on humanitarian and compassionate grounds. In some cases, however, you can ask the Federal Court of Canada to review the decision.

Are you applying to the federal court of Canada?

If so you should note:

The Federal Court is primarily involved in hearing judicial reviews of the following types of applications:
1. Judicial review of visa officer decisions including:
a) Breach of the duty of fairness
b) Error of law
c) Review of medical officers decisions
2. Review of a Refugee decision
3. Review of Danger Certificates and other types of Immigration Certificates
4. Review of Deportations
5. Review of inland applications


There are specific limitations on how long you have to launch an appeal - I suggest that you contact a lawyer now.

 

[Jasonchang]

hi baloo,

i am appealing to IAD, not the federal court.
only cases refused by IAD can be taken to federal court.

 

[Baloo]

You said

I applied for TD on H&C and was refused.

So I assumed that you applied as a refugee for PR on H&C grounds.

If this is the case, it seems that the CIC site says you cannot appeal, except in some circumstances to the Federal court.

http://www.cic.gc.ca/english/refugees/inside/h-and-c.asp

In any case you need to talk to a lawyer, your case is way out of the scope of the people here.
We have personal views and opinions, but you need good legal advice.
I am not a lawyer.

 

[Leon]

You can read about the appeal process a bit here: http://www.irb-cisr.gc.ca/eng/brdcom/references/procedures/proc/iadsai/info/Pages/residenc.aspx and it seems that they will usually do the hearings by telephone.

Looking at page 26 to 29 in this document: http://www.cic.gc.ca/english/resources/manuals/op/op10-eng.pdf it looks like you could request to attend your hearing in person and they might then give you a travel document to appear.

 

[Baloo]

You can read about the appeal process a bit here: http://www.irb-cisr.gc.ca/eng/brdcom/references/procedures/proc/iadsai/info/Pages/residenc.aspx and it seems that they will usually do the hearings by telephone.

Looking at page 26 to 29 in this document: http://www.cic.gc.ca/english/resources/manuals/op/op10-eng.pdf it looks like you could request to attend your hearing in person and they might then give you a travel document to appear.

What does the CIC site refer to, is it only refugees that cannot appeal a refused H&C ?

 

[Jasonchang]

You can read about the appeal process a bit hereand it seems that they will usually do the hearings by telephone.

Looking at page 26 to 29 in this document: it looks like you could request to attend your hearing in person and they might then give you a travel document to appear.

Thanks leon.

I have already read them. First of all, it is very confusing what "Application" for request of a TD actually is.


Also, in the first information guide you gave it states "If you are approved for a travel document (from CIC or from an IAD order), CIC generally will not give the document to you until one or two months before your scheduled IAD hearing date." But in OP 10, it states CIC will issue TD right after IAD order. i wonder whether this guide is out of date because it is done by August 2005.

 

[Leon]

Baloo has the right idea. You should get a lawyer for this.

 

[Jasonchang]

Baloo has the right idea. You should get a lawyer for this.

not an option for me... lawyer = very expensive...

i am just confused by their "instrustions".
howcome they dont give a clear guide on this.

 

[PMM]

Hi

not an option for me... lawyer = very expensive...

i am just confused by their "instrustions".
howcome they dont give a clear guide on this.

Unless you have been in Canada in the year previous to the refusal of the Travel Document, IAD will NOT order a travel document to be issued to you to attend the appeal. You will have to attend by telephone conference.

 

[Jasonchang]

Hi

Unless you have been in Canada in the year previous to the refusal of the Travel Document, IAD will NOT order a travel document to be issued to you to attend the appeal. You will have to attend by telephone conference.

i dont think thats true.

 

[PMM]

Hi

i dont think thats true.

'
Gee, maybe you wish to read the IAD rules first then, of course they could be wrong.

Please note that if you wish to participate at your hearing by telephone, the Board generally expects you to pay for the telephone call. If you wish to return to Canada for the hearing of your appeal, you may need a travel document to travel to Canada. Under section 31(3)(c) of the Immigration and Refugee Protection Act, CIC will give you a travel document if you have been physically present in Canada at least once in the past 365 days. If you are not entitled to a travel document from CIC, you may make an application to the IAD for an order under section 175(2) of the Immigration and Refugee Protection Act to enable you to return. Under section 46 of the Immigration Appeal Division Rules, these application documents must be received by the IAD and by the Minister's counsel no later than sixty (60) days after the IAD receives your Notice to Appeal . After considering your submissions and the Minister's submissions, the IAD may order that you be issued a travel document if the IAD member is satisfied that it is necessary for you to be present at your appeal hearing.

175. (1) The Immigration Appeal Division, in any proceeding before it,
(a) must, in the case of an appeal under subsection 63(4), hold a hearing;
(b) is not bound by any legal or technical rules of evidence; and
(c) may receive and base a decision on evidence adduced in the proceedings that it considers credible or trustworthy in the circumstances.

Presence of permanent resident

(2) In the case of an appeal by a permanent resident under subsection 63(4), the Immigration Appeal Division may, after considering submissions from the Minister and the permanent resident and if satisfied that the presence of the permanent resident at the hearing is necessary, order the permanent resident to physically appear at the hearing, in which case an officer shall issue a travel document for that purpose.

 

[Baloo]

QED

 

[Jasonchang]

Hi
'
Gee, maybe you wish to read the IAD rules first then, of course they could be wrong.

sorry if i offended you. what i said was that what you said is too absolute.

I'd already read these documents before, and it is what confuse me the most.
How to apply for such a TD for hearing is not clear in their guide/rules.

 

[L7]

sorry if i offended you. what i said was that what you said is too absolute.

I'd already read these documents before, and it is what confuse me the most.
How to apply for such a TD for hearing is not clear in their guide/rules.

First you have to file the Notice of Appeal at IAD within 60 days you receive refusal letter from the Canadian Embassy.

After that IAD send you a letter that indicate your File No. at the IAD office and also inform you the Minister Counsel address.

Then you write a letter, your submission to both the IAD and the Minister Counsel and request them for issuance of Travel Document to attend the Appeal Hearing in person. Along with this letter also send the TD filled in and signed forms. Afterward they decide either you are eligible for the appeal hearing in person or not.