Section 44 Report after CBSA allowed Entry
- Thread starter Collino44
- Start date
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.
If you want to try and keep your PR status hire a lawyer this is not a question you should be asking a forum.
It is insane that this has not been settled in over 2 years. When I think things can’t shock me IRCC surprises me again.
Hello Swanston. Thanks for yours. I have been busy assembling documents. The PFL sent to me did not go into any specific details as per my personal matter. I think it is a generic letter sent to all persons who allegedly fall short of residency obligations. It says that a report had been prepared by an officer alleging that I did not meet residency obligations and that as the Minister's Delegate it is time to make a decision on my file. It gave me a list of documents to produce, travel documents, bank statements, leases, family support documents, proof of studies for kids, volunteering, tax returns, etc. Then finally, that I should provide any justifications and documents for H&C considerations, if I need same to be considered.
My PFL letter came from the IRCC. I waited for about 27 months between the section 44 report and the PFL.
That is basically all. Thank you for the best wishes.
I have spoken to a lawyer and taken advice, although I am preparing the response by myself. I have no family here, although I have minor children but they are all abroad while I support. Life's stories are personal and sometimes complicated. I will simply give this a shot and hope for the best.
Okay. It is a challenging task to say the least - if I read your comments correctly, you have/had 15+ years as a PR, most of which outside Canada. It will be hard to argue that whatever you had going on was 'preventing you from returning to Canada', as opposed to just living your life outside Canada. Without very compelling 'need to stay in Canada in best interests of PR and family', won't be easy - and if your family is basically outside Canada, hard to argue that.
Now, I'm not arguing the other side, your case and the facts are your case, just outlining that it is a very steep hill to climb. Your decision whether you wish to work with a lawyer, of course.