Upcoming parental hearing

[MonacoL]

First post!

I have an upcoming parental hearing and these are the factors in play. Any advise would be fantastic.

Sponsored parents who were deported from Canada more than 10 years ago.

Dad had a history "uttering a false document" in an old application, so the ARC was refused and subsequently the sponsorship collapsed. The overall history is not pretty "other forms of missrep" but the one mentioned was most serious in my opinion.

The CAIPS noted say that "no longer criminally inadmissible" and no longer inadmissible for missrepresetation as more than 5 years have passed. However, the past history compelled the officer to refuse the ARC.

Any chance to win at the hearing by presenting humanitarian grounds, for family reunification etc.

 

[Bs65]

First post!

I have an upcoming parental hearing and these are the factors in play. Any advise would be fantastic.

Sponsored parents who were deported from Canada more than 10 years ago.

Dad had a history "uttering a false document" in an old application, so the ARC was refused and subsequently the sponsorship collapsed. The overall history is not pretty "other forms of missrep" but the one mentioned was most serious in my opinion.

The CAIPS noted say that "no longer criminally inadmissible" and no longer inadmissible for missrepresetation as more than 5 years have passed. However, the past history compelled the officer to refuse the ARC.

Any chance to win at the hearing by presenting humanitarian grounds, for family reunification etc.

humanitarian grounds would likely have to be pretty convincing to succeed say for example parents need full time care or such, reuniting family only its own might not be that strong a case. But thats a personal view

 

[scylla]

humanitarian grounds would likely have to be pretty convincing to succeed say for example parents need full time care or such, reuniting family only its own might not be that strong a case. But thats a personal view

However if the parents need full time care they might very well be refused for medical reasons.

This is a difficult case and not a do it yourself. Hiring an excellent immigration lawyer is the right next step.

 

[MonacoL]

Thank you for your reply.

My concern is that the dads history is lengthy, and while there are no pending criminal or missrep issues (cleared over the passage of time) the history remains on record and "does not look good".

The Manaer who adjudicated the ARC made clear that the father had little to no regard for laws.

So basically my concern is that if the H&C factors are weak (currently) as the are no small children as a factor, or any other substantial reasons short of family reunification; is it worth risking going to a full hearing.

I understand that if you lose then you can never sponsor them again.

If we were to withdraw for the hearing, is there a better alternative for the future.

Please advise ASAP as the hearing is coming up shortly.

I simply do not want to close any doors for life if the chances are low.

Thank you so much!

 

[scylla]

I'm not sure I understand what the hearing is for. Is it an appeal of a parent sponsorship application refusal? Something else?

As for options for bringing them here, as far as I can see, everything would require an approved ARC since they were deported. They can't step back into Canada without an approved ARC.

 

[MonacoL]

The hearing is to appeal the parental sponsorship refusal. Funny thing is all was well with that application but it ultimately collapsed due to the ARC not being issued.

So really it's a parental sponsorship appeal, but the majority of the information in the booklet indicates the reasoning as to why the ARC wasn't issued etc..

 

[MonacoL]

My question I guess is as follows;

If we go to the hearing and its approved based on H&C grounds, does that mean that the judge can overturn the decision of the ARC.

Or will we basically be going in circles?

 

[scylla]

The hearing is to appeal the parental sponsorship refusal. Funny thing is all was well with that application but it ultimately collapsed due to the ARC not being issued.

So really it's a parental sponsorship appeal, but the majority of the information in the booklet indicates the reasoning as to why the ARC wasn't issued etc..

It makes sense that the parental sponsorship application was refused if the ARC was refused. The PR application can't be approved without an approved ARC. So to be successful in the appeal, I believe you would also need to overturn the ARC decision. If you aren't already, you should be working with an excellent immigration lawyer.

 

[scylla]

My question I guess is as follows;

If we go to the hearing and its approved based on H&C grounds, does that mean that the judge can overturn the decision of the ARC.

Or will we basically be going in circles?

I don't know. This is why you should be working with a good immigration lawyer - your situation is complicated.