Section 44 Report after CBSA allowed Entry

[Copingwithlife]

I became a PR in 2009 and left Canada some months after landing. I was having a messy divorce back at home just after landing and the effects of the divorce and giving up my tender daughter was devastating. I visited Canada in 2012 and 2014 but was not in a state of mind to stay. I tried to come with my new wife but she was denied visa. I stayed back in my country to nurture a new family until November 2023 when I returned to Canada.

At the Toronto border I plainly told the officers my life situations and asked them to use their discretion in my favour. They examined me for close to 3 hours and finally allowed me entry without conditions and asked that I quickly get a replacement PR card.

Two weeks later I applied for a new card and after waiting for 10 months IRCC came back with section 44 report still on the residency obligations that the CBSA officers had pardoned. Is the IRCC allowed to do this please?

Your reasons are beyond ridiculous

 

[armoured]

Good Afternoon everyone. The IRCC has contacted me with a PFL to make H & C representations before the MD takes a decision on my file. I have prepared my response. Just wondering if there are specific methodology to send this to IRCC or if structured statements and supporting documents are enough. Mine is residential obligations default.

I'm not aware that there is a particular format or methodology. A professional such as a lawyer might know.

But one final attempt at a comment: at this point you've got over two years in Canada since returning, if I read this thread correctly, in October '24. You have family here, possibly dependents? (Are any of them PRs yet?). I'm not stating these as questions you need to respond to, but to emphasize the importance.

You really, really should consider at least consulting a lawyer. Your original reasons for H&C were not what I'd call strong - especially given that you first became a PR in 2009 and didn't return to reside until 2023. The possible outcomes at this point with the PFL and minister's delegate decision process includes your PR status being revoked - but subject to appeal (unless i'm mistaken). Even how you structure your response and the consideration / weighting given by the MD because of that emphasis could be decisive.

At least some part of the outline of the H&C reasons is going to be about your ties to Canada and interests of other family members, including minors (if any). If a lawyer's assistance can improve your chances at this point, it may well be worth it - and if it doesn't work for this stage, you want to preserve any and all relevant points for consideration upon appeal. These are not trivial things, and inadvertent errors could prove costly. You have at some points here taken decisions that made your situation worse (at least it looks that way).

You've been told this by people here for over two years now but I'll make one more run at it - you should speak to a lawyer and get their input and probably assistance with your response.