Re:My parents returning resident application refused.

[azim7]

Information provided to the visa officer by my parents:

I return from canada in 2006 to make preparation for my sons wedding which took place in 2007 in India. My daughter maniza also return to india in 2008. I was diagnosed for breast cancer in 2009. I underwent operation & 6 chemotherapy session in 2009. My son's permanent resident application was approved by visa officer in 2008 but by the time he got his passport stamp in Mar'11 my PR card had already expired and we were not able to accompany my sons family. Now my eldest grand daughter is currently attending senior kindergarten & the younger one attends parenting classes at School in Toronto. My son has a permanent job since last one year. They now need us so we can take care of our grandchildren & free our daughter in law so she can pursue her career & devout full time on her designing passion.Our support & presence is critical for them now so they can excel. In light of the above fact I request you to approve our application.

few facts
After they went back to India,they never return back

How is the health condition of my mom who has breast cancer? She is 100% fine but goes for check up once in 6 moths

Age & health of my parents? My father is 71 & mother 65 year old. The father is quite fit but do have diabetes but as for my mother she is now fine except for the breast cancer she had

And why did your parents not go back to Canada in 2006? Well it was to do with my sisters domestic problems. then they had to arrange for my engagement (2006) & marriage in 2007. During this time my sister also left canada for good. In Oct' 2008 my application for PR was approved by my background verification took really long & when i finally received my stamped passport 1Mar'11 my parents PR status lost jan'2011...

Additional Info which i did not provide like:
I take care of my parents financially & really wants to be with us for our overall well being...

Is it possible if i can represent them & can anyone help me here with drafting appeal for them.

 

[computergeek]

Yes. You should start reading CanLii cases. http://www.canlii.org/

This includes decisions by the IAD for appeals. I actually read a couple of cases earlier today about the PR residency obligation.

You need to put together a compelling H&C argument. I was surprised how many of these cases were actually granted. But they must appeal the refusal within the period of time allowed or they lose the right of appeal.

Ironically, they should be able to obtain travel documents to attend their hearing (there's a special provision for granting a one year PR card for this sort of situation as well).

 

[azim7]

thanks a lot for your valuable inputs. I will work accordingly.

 

[azim7]

i will appreciate if you can guide me on which form i need to fill out in order for my parents to come & attend the hearing. I want them to be present for the hearing. I have bit of experience of drafting appeal when i was in London,UK & want to do it on my own as I cannot afford the lawyers fees but obviously i will have to go through the relevant immigration rules & study few appeals as I don;t have any experience in canadian appeals or law... Even this website i found in course of my search for right guide..

 

[computergeek]

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.

Source: http://www.irb-cisr.gc.ca/eng/tribunal/form/Pages/form665_inst.aspx

So if they have been in Canada within the past year, they have the right to obtain a travel document to travel to Canada. If they have not been in Canada, then you will need to file the relevant paperwork. Note that it's not automatic in the latter case.

(more in the next post. The forum software doesn't like posts with too many links)

 

[computergeek]

(continued)

The appeal application form has a tick box for the desire to attend the hearing in person.

http://www.irb-cisr.gc.ca/eng/tribunal/form/documents/IAD665.pdf

I've not yet found the application form for a travel document, so it may simply be in motion form (I'm completely unfamiliar with IRB process, but it shouldn't be too difficult to figure this out).

(more to come)

 

[computergeek]

(continued)

Here is a good guide to the process: http://www.irb-cisr.gc.ca/Eng/brdcom/references/procedures/Pages/InfoGuideReside.aspx

Note that if the tribunal does not grant the appeal, your parents will be served with a removal order (presumably a departure order) and that means they will have to leave in 30 days.

(more to come!)

 

[computergeek]

(continued)

I'd also suggest reviewing ENF 19: http://www.cic.gc.ca/english/resources/manuals/enf/enf19-eng.pdf
And ENF 23: http://www.cic.gc.ca/english/resources/manuals/enf/enf23-eng.pdf

(one last link to follow)

 

[computergeek]

(last post on this thread)

Both refer to the A175(2) grant of right to attend the hearing.

Here is the actual IRPA reference: http://laws-lois.justice.gc.ca/eng/acts/I-2.5/page-58.html#h-85

Good luck!

Note: the forum makes answering some questions difficult because doing a proper job requires more than one or two links to do the topic justice.

 

[azim7]

my sincere thanks to you for your help n guidance. I really appreciate your help.