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RO Appeal

Discussion in 'Permanent Residency Obligations' started by 7890033455, Oct 29, 2018.

  1. Hello Everybody,

    Greetings of the Day!!!!
    Can anyone help me about my case:-
    Not met the RO. PRTD applied September 2017 but rejected.
    Filled Appeal in January 2018, after that received 2 mail communications from IAD.
    Waiting for the hearing. Wanted to know:-
    1. How I can get the current status ?
    2. What is the approximate time to get the hearing date?
    3. If rejected what is the next step?
    4. Can I go to the higher Tribunal?
    5. Now can I go to Canada through Land Border for hearing my case?
    6. Or Can I go to Canada though Tourist Visa for hearing my case?

    Thanks in advance
  2. Previous post suggests you had already LOST PR status:

    My observations will be based on the assumption that observation was more an acknowledgement that your absence from Canada is such that in effect you had lost PR status, but technically your status has not been adjudicated fully as yet, pending the appeal of a denied PR TD application:

    Upfront, it should be recognized that while you have provided only sketchy details about your circumstances, given the few details you have shared it appears there is very little, very very little chance you will succeed in saving your PR status. Main reason for this is the complete absence from Canada for more than a decade in conjunction with virtually no established presence in Canada prior to the absence.

    I ordinarily steer wide of making such definitive forecasts, since there are almost always many, many particular circumstances and influences which can affect the individual case. But this combination, no established residence in Canada and more than a decade absence, will generally close the door unless the PR was removed from Canada while a minor and is seeking to RETURN to Canada soon after reaching 18 or 19 years of age, or at least soon after completing education and still less than 25 (and the more over 20 or 21, the lower the odds).

    The odds are so poor it needs to be said: there is little reason for investing much time let alone other resources in this venture.

    Other details you have shared tend to reinforce the negative probability. For example, fact that family never even landed and has no status in Canada.

    All of which strongly suggests that any prospect of a future life in Canada will depend on, essentially, starting over and qualifying for PR again, such as through the Express Entry program or a Provincially sponsored program.

    But to answer your questions:

    1. How I can get the current status ?

    I do not know . . . but the current status is almost certainly just in WAIT mode until the IAD schedules the appeal. You will be notified (so long as your contact information with IRCC is correct).

    2. What is the approximate time to get the hearing date?

    There is no known timeline and the timeline for appeals has varied considerably in the last year or so. Until the last year, a timeline well in excess of a year was common, many taking two plus years.

    There are not enough reports in the forum to get even a slight sense about how long appeals are currently taking. My view of the timeline derives mostly from IAD decisions in these cases, which are published after the appeal is decided, so the vast majority of that information is largely about appeals filed more than a year ago . . . so it will take another year plus before we see information about how long appeals made recently are taking (we will always be at least a year or so behind in learning timeline information this way).

    3. If rejected what is the next step?

    There is NO next step as such. If the IAD denies the appeal that is a final decision that your PR status is terminated. A rejection will mean you are again a Foreign National, no longer a Canadian.

    But in some circumstances you can apply to the Federal Court for leave to obtain judicial review, leading to your next question:

    4. Can I go to the higher Tribunal?

    I do not know the precise procedure or requirements, but generally a PR who loses an IAD appeal can apply to the Federal Court for leave to obtain further judicial review. This may require an application for a Writ of Mandamus, but I am NOT familiar with the precise procedure for seeking such leave. That said, my understanding is that there needs to be a fairly strong case in order to be allowed leave, and it would require a very strong case to actually win in the Federal Court, not just a strong case in terms of the merits but also a strong case to show something like a significant violation of procedural fairness.

    From what you have said about your case, for the IAD appeal the odds of a successful decision are very, very low, and the odds of even getting a Federal Court to consider the case (that is, to grant leave to obtain judicial review) are even more remote. Overall, odds are perhaps better than winning a mega-jackpot lottery buying a single ticket, but that does not mean much.

    A good lawyer is almost (not entirely, not technically, just practically) necessary to have much chance of winning an appeal before the IAD. While similarly, technically a person can pursue leave for further review without a lawyer, the procedure is such that it is very, very difficult to advance such a case without a good lawyer even if the case is otherwise a very strong case, let alone a not-so-strong case (on the merits).

    5. Now can I go to Canada through Land Border for hearing my case?

    If you can travel to the U.S., as a PR you can then travel to Canada by land and while the appeal is still pending you will be allowed to enter Canada. You are still a Canadian so long as the appeal is pending.

    6. Or Can I go to Canada though Tourist Visa for hearing my case?

    NO. As a Canadian you are NOT eligible for any temporary visa.

    When you lose the appeal (which is the likely outcome, by a big margin), you will then no longer be a Canadian (that is, you will have lost Canadian PR status), meaning THEN you would be a Foreign National . . . and as a FN you would then be in a position to apply for status in Canada just like other FNs, subject to the respective eligibility requirements.

    NOTE: losing PR status will not have a negative effect on future applications for immigration to Canada.
    fateh88 and Buletruck like this.
  3. Hi
    Can you please tell me when did the IAD mailed you..after how many days from appeal?
    Was it postal mail or email?
    What was the content?

    Thank You
  4. Thanks Dpenabill for your time to write such good informative mail. After reading your post I can sense an outcome of my appeal but there is no harm in trying till the last level. Actually I can’t start from beginning for new PR because some Immigration firm confirmed that my chance are almost nil if I apply again. So I am emphasising this route to get PR

    Now If I cross US land boarder and enter Canada, what will affect my pending appeal if report or if not report. Will it help in anyway?

    Can I do a job there in Canada as I have valid SIN number after crossing the land boarder ?

    Appreciate if you can share your views or suggestion.

    @ MUSTAFACAN. I filed the appeal in January 2018, Got regular mail on March 2018 from IAD. They asked me to submit the written evidence in support of Appeal so that the case is resolved without a full hearing.

    I have replied to IAD that all the required documents in support my Appeal had already been sent. IAD sent 2nd Mail (CC mail) on April 2018 with all the copy of the documents I have sent along with my other documents.

  5. Thanks for the detail information, I am in the same situation right now. My PR card expiring on march 2019 i havent meet the RO and got married last month.
    My question is can I revoke my current PR status and apply again as i studied for 2 years business diploma (2010-2011) and after that work experience of about 2 years in NOC code 1215.
    After that i didnt worked in same field and was away from the Canada, taking care of my family business and my family in my home country.

    Am i still eligible to re-apply for the PR of me and my wife under express entry .
    Please update.
  6. Yes - you can renounce your PR status and apply from scratch through Express Entry.
  7. Will it make a difference if i dont have a job in same field from 2014 till date.
  8. I don't know. You'll need to calculate how many points you have under the Express Entry system. If you have 440+ points, then you have an excellent chance of being selected.
  9. How can i calculate these points can you share a link .
  10. Thank You.

    Where do you live? I am asking because you said IAD sent regural mail instead of email.
    My family also filed appeal this month but will be coming to Canada next month as they got PRTD . They were in CAnada last year andthat's the reason they got PRTD.
    They gave present address as contact address in India. How do I update the contact address once they land in Canada ?
    Did you receive IAD file number ?
    Have you not mention that you want to come to CAnada for Appeal? In Notice of Appeal form?

  11. You are only allowed to return to Canada for the appeal if you have been in Canada within the past year. Unfortunate you and @7890033455 have only a very small chance of being able to remain in Canada.
  12. What do you mean?
    My family got 1 year RX-1 Visa. They have sent appeal from India. Are they not allowed in Canada ? Can't they stay till the final decision is made?
  13. You asked @7890033455 whether he/she had mentioned they wanted to come back to Canada for the appeal. Since it doesn't seem like they had been in Canada the year before they can't come to Canada for the appeal. Although your family has been granted access for the appeal process your chances of retaining your PRs remains quite small.

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