Retaining PR on H&C grounds

[Beltex]

If your H&C claim is accepted and PR TDs are approved, then you don't need to wait 2 years. The PR TD would act as H&C reason to overcome RO, so can apply for PR renewals immediately.

I've been doing a little homework on H&C PRTD and have come accross a court ruling that appears to contradict your statement above and the validity of the RC-1 coding.

The case is: 21 Lai, Chih-Yin v. M.C.I. (F.C., no. IMM-325-06) 2008, and this is what it says ,


"The first visa officer decided to reinstate him in his permanent resident status
on the basis of humanitarian and compassionate considerations. The appellant candidly did not
understand that this determination will not protect him against an opposite finding by another
visa officer as regards the breach of his residency obligation or the humanitarian and
compassionate considerations each time he left Canada to go to Hong Kong"

This is a few years back so it may have been challenged but there are so many cases to wade through!

If the finding still stands and you got a PRTD on H&C grounds you would be in no better position in Canada than someone who "sneaked" in across say a land border - that can't be right - can it?

 

[Rob_TO]

I've been doing a little homework on H&C PRTD and have come accross a court ruling that appears to contradict your statement above and the validity of the RC-1 coding.

The case is: 21 Lai, Chih-Yin v. M.C.I. (F.C., no. IMM-325-06) 2008, and this is what it says ,


"The first visa officer decided to reinstate him in his permanent resident status
on the basis of humanitarian and compassionate considerations. The appellant candidly did not
understand that this determination will not protect him against an opposite finding by another
visa officer as regards the breach of his residency obligation or the humanitarian and
compassionate considerations each time he left Canada to go to Hong Kong"

This is a few years back so it may have been challenged but there are so many cases to wade through!

If the finding still stands and you got a PRTD on H&C grounds you would be in no better position in Canada than someone who "sneaked" in across say a land border - that can't be right - can it?

http://www.canlii.org/en/ca/irb/doc/2008/2008canlii43707/2008canlii43707.html
You need to include more info from the case for context:

[7] Two months after they landed in Canada, the parents of the appellant decided to return to Hong Kong, taking their two minor sons with them (the appellant was nine years old at that time). The appellant did not have the opportunity to return to Canada, until he applied for a student visa on August 2, 2005.[5] After examining the file of the appellant, the visa officer advised him to apply for a Permanent Resident Travel Document (PRTD) instead of a student application. Then, the visa officer exercised his discretion under section 28(2)(c) of the IRPA and granted the said document to the appellant, valid until September 15, 2005. He also told the appellant that he should apply for a permanent resident card as soon as he lands in Canada.

[8]The appellant arrived in Canada in September 2005 and applied for a permanent resident card. Three months later, while the card was not yet issued to him (because his application lacked information about his absence from Canada)[7] the appellant decided to travel to China on December 16, 2005,[8] for Christmas and New Year’s holidays.

[9] When the appellant applied from Hong Kong for a returning PRTD (December 22, 2005), the visa officer determined that the appellant was in breach of his residency obligation in the five-year period immediately before December 22, 2005.

So long story short, this case is about getting a second PR TD issued to you in a very short time after the first one was approved on H&C reasons. This is NOT about getting a PR Card renewed while you are back living in Canada. Renewing a PR card is something only one issued a PRTD on H&C can do, not someone who sneaked across the border can do.

The lesson to learn here is if you get a PR TD on H&C reasons, don't leave Canada again until you have your PR card in hand. As the 2nd officer reviewing the PR TD request, may have a differing opinion vs the first officer.

The appeal board noted this was confusing:
[33]On the other hand, the panel is faced with two different determinations on humanitarian and compassionate considerations, separated by four months period: one favourable to the appellant and one which is not. Although the panel understands that the discretion given by Parliament to visa officers under section 28(2)(c) of the IRPA is not as specific as the discretion given to the IAD under section 67(1)(c) of the IRPA,[23] the panel is of the opinion that a discretionary power is different from an arbitrary power. The two visa officers did not give their reasons for exercising their discretion positively in one case and negatively in the other, and the panel believes that all of this is very confusing to any permanent resident.

It should also be noted in this case, the appeal was successful and he was allowed to maintain his PR status.

 

[Beltex]

Thanks Rob TO that's well explained as always

So the moral - get the PR card application in immediately, make sure it's 100% correct and stay put till it's in your hand!

 

[Azara.t]

Thanks Rob TO that's well explained as always

So the moral - get the PR card application in immediately, make sure it's 100% correct and stay put till it's in your hand!

What happened? Was ur PRTD approved?

 

[abd-shah]

Dear All,

I need your guidance and opinion, my spouse has applied for PRTD on H&C grounds,

Case Nutshells are:

1. she had to move from Canada as minor child in 2003.
2. she did not meet residence obligation.
2. But now she is 30 years old, married and has a child of 3 years age.

Though we believe that there is very little chance but still we applied this case.

Application was submitted in January, 2019, since then VFS Tracker was showing the application status as "Under Process", but now from few days it is showing "No Record Found".

Please guide what does it mean? and what should we do?