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Removal order issued how do I appeal please help

Jon deville

Full Member
Aug 10, 2015
21
0
Hi guys,

I really need your help, I had a immigration hearing a month ago and lost the appeal and just recived a removal order, I want to appeal but it does not give me a clear idea on how to do so, I am living in Vancouver and I have a full time job and a lease up until September, I want to take this further but I don't know how, my wife is hear on a two year working visa and my brother is a pr, I did not fulfill my obligations as family complications back in the uk, any help would be fantastic as I only have 30 days to do so, also I am going to the states in Thursday for a wedding will I have trouble coming back through?

Thank you for your time I appreciate it

Jon
 

Tri-Cities

Hero Member
Aug 10, 2015
237
12
As far as I've read you got 30 days to appeal the removal order. Leaving the country in a situation like that doesn't make any sense to me. I don't know but think CBSA won't let you cross border to come back (and they shouldn't).

Don't mean to offend you but seriously....why would you leave being in a situation like this? You ask for help even though it's you who keeps risking everything...

:/
 

Jon deville

Full Member
Aug 10, 2015
21
0
Thank you for your reply, I had booked to go to the wedding months ago before I knew the decision as it was for a childhood friend, the reason why I have wrote on here is to get some information on how I would move forward with my appeal and I know I have 30 days but I don't understand how to take it to the next step that's what I am asking, I appreciate your opinion and thank you for your time reading my post, I have finacial ties to Canada and to simply not be allowed to re-enter would be harsh at best even for immigration I hope. The appeal surly would still allow me to re-enter I can only hope as I want to fight this decision as I believe this could not be helped with the position at the time back at home.
I would just like to know who I call, or file a appeal with, if there is such a form to fill out I will do, it's a four day trip to Washington and then straight back to Vancouver.
 

scylla

VIP Member
Jun 8, 2010
93,198
20,663
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Having an appeal filed does not give you the right to re-enter Canada. I would avoid taking the trip - unless you are OK being refused entry and have a backup plan of where you will stay / live.

At this point I would engage a very good immigration lawyer. I think you are well past the "do it yourself" stage. Good luck - hope it works out.
 

Jon deville

Full Member
Aug 10, 2015
21
0
Ok so regardless of my ill planned trip my other question is how to appeal is there a form I need to fill out or anything like that I am going to seek council but does anyone know how to get the wheels in motion
 

Canada_soon2014

Full Member
Jan 2, 2016
44
0
Jon Dville, How long did it take between when you were first reported and removal order issues?
did it take more than 12 months?
Cant you use your job experience gained in Canada to re-apply immigration?
 

scylla

VIP Member
Jun 8, 2010
93,198
20,663
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Canada_soon2014 said:
Jon Dville, How long did it take between when you were first reported and removal order issues?
did it take more than 12 months?
Cant you use your job experience gained in Canada to re-apply immigration?
FYI - OP was not reported at the border for failing to meet RO. OP applied to renew his PR status, was refused and appealed.
 

PMM

VIP Member
Jun 30, 2005
25,494
1,948
Hi


Jon deville said:
Ok so regardless of my ill planned trip my other question is how to appeal is there a form I need to fill out or anything like that I am going to seek council but does anyone know how to get the wheels in motion
1. Did you have an Appeal hearing at the IAD or were just refused and reported and got a removal order? Makes all the difference in the world.
2. If you were refused, and got the removal order, then you should have been issued a letter on how to appeal. Read OP 10 and ENF 19 here: http://www.cic.gc.ca/search-recherche/index-eng.aspx?search=basic&query=appeal+refusal&s=0&l=e
3. If you were refused at the appeal level of the IAD, you should have received a letter on "leave to appeal " to the Federal Court (which is not a "do it yourself" project: http://cas-cdc-www02.cas-satj.gc.ca/portal/page/portal/fc_cf_en/Practice_Guide_Immigration
4. Re-reading you original post, it appears that the IAD refused your appeal and issued a removal order. So you have 15 days from the date of the decision to file your leave. http://cas-cdc-www02.cas-satj.gc.ca/portal/page/portal/fc_cf_en/ApplicationIMM
 

Jon deville

Full Member
Aug 10, 2015
21
0
I had my appeal hearing and 3 days ago I got my appeal letter back with a removal order on it and the notes from my hearing
 

dpenabill

VIP Member
Apr 2, 2010
6,299
3,064
You mostly need to see a lawyer ASAP.

As I understand the process, you do not have a right to appeal but must request leave to obtain judicial review. This is not something even a law-trained person should attempt for himself or herself. Lawyer-up if you want to pursue saving your PR. (Obviously, at this juncture the odds are not good.)

Note: with a visa-exempt passport, you want to in-fact stop working and leave Canada if and when the Removal Order is enforceable. Breaching the PR RO is not a violation of Canadian immigration laws or even rules, but is merely a failure to meet a necessary condition for retaining PR status. Thus, if you leave timely and do not otherwise violate Canadian immigration law, you will continue to be able to visit Canada regularly.

On the other hand, if you do not leave timely or otherwise have enforcement action taken against you, that could have a detrimental impact on your capacity to visit Canada in the future.




Must comment on lesson-to-be-learned:

Applying for a PR card and then going abroad, either when already in breach of the PR RO or such that going abroad will lead to being in breach of the PR RO, is a surefire way to lose PR status.

The application for the PR card invites a residency determination. A negative residency determination will lead to a predictable disposition, which is the loss of PR status unless there is good reason otherwise.

For the applicant who remains in Canada while the PR card application is pending, the time spent remaining in Canada does not count toward compliance for purposes of PR card eligibility, but it will count toward compliance generally up to the date the individual is formally reported for being inadmissible or a Removal or Departure Order is issued.

For time in Canada, only time in Canada after being reported or issued a Departure Order will not count toward compliance, for purposes of terminating the PR’s status.

Generally it is a mistake to apply for a new PR card unless the PR is both settled in Canada, and as of the date of the application is in compliance with the PR RO. One without the other might not be too bad a mistake, depending on circumstances, but if neither of these conditions are met, it is almost certainly a very serious mistake which, depending on how much short of being in compliance one is, is more or less likely to result in the loss of PR status.

It appears that many still think a valid PR card means valid PR status for the period the card is valid, and will take chances to obtain a new PR card thinking that will keep their status going. Does not work that way. Moreover, it is increasingly difficult to renew the PR card unless the PR is in fact settled in Canada and in compliance with the PR RO.

In any event, applying for a new PR card before being in actual compliance with the PR RO does not necessarily lead to the loss of PR status. In particular, if there is time to come into compliance before a decision is made, and the PR stays in Canada and thus gets into compliance before a decision is made, PR status should not be lost. On the other hand, the PR who is in breach of PR RO and who leaves Canada while the application is pending, is basically giving IRCC notice that his or her PR status should be taken away.

Some may think that once again I am stating the obvious. And to a large extent it is indeed obvious. Except for some reason a lot of PRs fail to recognize this.

Even those are in compliance but who cut it close would better protect their PR status by remaining in Canada while the PR card application is pending.
 

Jon deville

Full Member
Aug 10, 2015
21
0
order to leave Canada in a week

Good evening,

I just returned back to Canada from the states, I am a uk citizen and lost my appeal for not meeting the requirements of my or card as I was out of the country with family issues, my brother is a pr and my wife is on a 2 year working holiday visa, I don't want to leave her here as she wants to stay, what is the best course of action for me to return back to Canada to work as I have a fantastic job already here and I don't want to lose it, I have to leave in a week is there anything I can do?
 

foodie69

VIP Member
Dec 18, 2015
3,004
898
Re: order to leave Canada in a week

Jon deville said:
Good evening,

I just returned back to Canada from the states, I am a uk citizen and lost my appeal for not meeting the requirements of my or card as I was out of the country with family issues, my brother is a pr and my wife is on a 2 year working holiday visa, I don't want to leave her here as she wants to stay, what is the best course of action for me to return back to Canada to work as I have a fantastic job already here and I don't want to lose it, I have to leave in a week is there anything I can do?
How many times do you want to ask the same question? Get a lawyer, quick!