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Residency Obligation appeal rejected. The best way to move forward?

613gooner

Newbie
Dec 15, 2015
5
0
My parent's along with my brother and I landed as PR in Canada back in 2008. In the following years my brother and I moved to Canada to study and eventually became citizens a few months back.

Parent's remained outside Canada and made couple of trips to come visit us.

Around 2015 Parents decided to move to Canada. PR for both of them had expired by then. Due to a mixture of lack of understanding and preparation from our part and some bad advise from our immigration consultant. Parents applied for a travel document.

Which in hindsight was probably one of the worst things to do in the position that we were in.

We received a refusal letter for the travel document. This is when we realized the mistake that we have made. Parted ways with our immigration consultant and started looking for new council.

When we had applied for the travel document we stated our reasons but did not back them up with any documents either(which again was a mistake on our part).

With the new council we decided to appeal the decision based on Compassionate and Humanitarian grounds in Jan
2016.

Earlier in the day I received a letter stating that CIC is not "satisfied that our personal circumstances involve humanitarian and compassionate considerations that justify the retention of permanent residence status."

Back story: Back in 2011, parents were planning on moving to Canada and had come to Vancouver with the intent to buy a business. Unfortunately that did not go through and they went back. Around that time Mother was diagnosed with Cancer. For obvious reasons our focus shifted from Canada to treating the illness.

When we were sure of the fact that the cancer is in Complete remission, we decide to apply for that dreaded Travel document.

As far as I understand the next step is a hearing for this appeal. I was wondering if anyone has any advice.

Thanks for reading!
 

scylla

VIP Member
Jun 8, 2010
92,949
20,549
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
Can your mother demonstrate through hospitalization / doctors' records that her cancer treatments prevented her from returning until 2015? If she has evidence that her illness lasted several years and she was only given a clean bill of health in 2015 - that should help your appeal.
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
scylla said:
Can your mother demonstrate through hospitalization / doctors' records that her cancer treatments prevented her from returning until 2015? If she has evidence that her illness lasted several years and she was only given a clean bill of health in 2015 - that should help your appeal.
Considering she could have received free treatment in Canada as a PR, I wonder if that would really be seen as a true H&C reason?