PR Card - Residency Appeal

Canada Immigration Forum (discussion group)


 
       
Subject: PR Card - Residency Appeal
  To All

If you have been found not to be in compliance with your residency requirements and ordered removed you have a right of appeal to the Immigration Appeal Division (IAD).

If CIC issues you a renewed Permanent Residency (PR) card once you file your appeal that does not mean you won your residency appeal!

A PR card is nothing but a card that allows an airline to let a person board their airplane to Canada if citizens holding the same passport require visitor visas to travel to Canada. It does not show your a permanent resident! Just like a Visitor Visa does not force CBSA to let you enter Canada as a visitor because some Immigration Officer issued you a visitor visa.

Some will say this could never happen but.....

A guy was ordered removed from Canada for not complying with residency requirements (730 days in any five year period) and he filed an appeal with the IAD. He applied for and obtained a renewed PR card and quickly went back to his country to resolve the sale of his property. This individual had been a resident of Canada for at least 22 years but the last five where a problem.

Either he instructed the staff at his representatives office to withdraw his residency appeal or they did so themselves. The issue is he never signed any withdrawal request not did his counsel. IT WAS A STAFF MEMBER SENDING A FAX.

Worse it was only a fax cover page that said since he got his new PR card he wishes to withdraw his residency appeal. It was not the appropriate form 15.

SHOULD OF THE IAD ACCEPTED THIS AS A WITHDRAWAL OF HIS RESIDENCY APPEAL?


[18-04-2011,10:59]
[**.229.194.51]
Roy
(in reply to: PR Card - Residency Appeal)
Should have or not have?
[18-04-2011,11:06]
[**.233.201.58]
Anonymous
(in reply to: PR Card - Residency Appeal)
When one reads the IAD Rules

Abuse of process

50. (1) Withdrawal of an appeal is an abuse of process if it would likely have a negative effect on the integrity of the Division. If no substantive evidence has been accepted in the appeal, withdrawal is not an abuse of process.

Withdrawal if no substantive evidence has been accepted

(2) If no substantive evidence has been accepted in the appeal, a party may withdraw their appeal by notifying the Division orally at a proceeding or in writing.

Withdrawal if subtantive evidence has been accepted

(3) If substantive evidence has been accepted in the appeal, a party who wants to withdraw their appeal must make an application under rule 43.

A party refers to the appellant or their counsel not any staff member. The IAD also has a proper withdrawal form, IAD (15) that was not used. On that form it states appellant signature or counsels signature!

Roy
cvimmigration.com

[18-04-2011,13:09]
[**.229.194.51]
Roy
(in reply to: PR Card - Residency Appeal)
"UnQuote" SHOULD OF THE IAD ACCEPTED THIS AS A WITHDRAWAL OF HIS RESIDENCY APPEAL?

Technicall the IAD can accept the fax page that was sent. In order to withdraw the appeal the applicant should sent the proper form (Form 15).

However at this point of the application the IAD can take the fax cover as a request to withdraw the appeal in writing.
And eventually the applicant can be charged for abusing the system and fail their appeal miserably since having a PR card doesn´t mean that the status is secured.

See... the main issue here is that when there is an appeal in process is because a negative decision has already been issued against the applicant and it is up to the applicant to prove that the officer is enforcing the law incorrectly. That is what the appeal is all about. It is not about "I didn´t like the officer´s decision".

UNTIL a judge says otherwise, they initial decision stands.

The fact that he pulled his application out... puts him in a very very very bad position... in other words he is toast.

[20-04-2011,19:26]
[***.115.153.178]
DocD
(in reply to: PR Card - Residency Appeal)
Toast but not burnt toast!

Roy
cvimmigration.com

[20-04-2011,20:37]
[***.206.80.209]
Roy
IAD Appeal withdraw or NOT (in reply to: PR Card - Residency Appeal)
Hi,

I got my first PR card in November 2006 and expired last year November 2011, i lived there between 2006 to 2008 and got back my home country due to personal reasons. last year i visited again Canada and applied for renew PR and got back. After six month i got approval letter for pick up for new PR. i applied for travel document for travel back to Canada to pick my PR card but i was rejected. now i applied for appeal and got documentation for appeal but not hearing date.

Few days back i got a call from my friend from Canada that he got my renewed PR card by mail but it is renewed only for 1 year. now i need advise for what to do next as i now i am very much keen to keep my Permanent Residency.

Thanks in advance.

[09-10-2012,06:08]
[***.229.241.178]
NBUKSH
Reply to the PR Card - Residency Appeal posting
Submission Code (SX28750) Copy The Code From The Left found in the brackets
Name
Email
Reply Subject
Reply Message


Canada Immigration | Forever Living Products in Canada