IAD hearing on Jan 17th 2013

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Hey Guys,

So after a wait of 7 months I finally have my hearing date set for Jan 17 2013.
I am just wondering if you have any advise for me?Anyone whos been in the same situation?

Unfortunately fell short of meeting the Residency Obligation by 6 months ...and now paying the price for it.:).

Any advise is appreciated.

Thanks.

zormas

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zormas Members Profile Send Private Message Find Members Posts Add to Buddy List Junior Member Joined: 30 Mar 2010 Status: Offline Points: 30	Post Options Post Reply Quote zormas Report Post Thanks(0) Quote Reply Topic: IAD hearing on Jan 17th 2013 Posted: 01 Jan 2013 at 10:58pm
	Hey Guys, So after a wait of 7 months I finally have my hearing date set for Jan 17 2013. I am just wondering if you have any advise for me?Anyone whos been in the same situation? Unfortunately fell short of meeting the Residency Obligation by 6 months ...and now paying the price for it.:). Any advise is appreciated. Thanks. zormas

dpenabill Members Profile Send Private Message Find Members Posts Add to Buddy List Top Member Joined: 29 Nov 2009 Status: Offline Points: 6407	Post Options Post Reply Quote dpenabill Report Post Thanks(0) Quote Reply Posted: 02 Jan 2013 at 4:19am
	If you do not have an attorney, it is time to get one. (Today, do not delay this -- worth stretching the budget considderably if maintaining PR status is important to you.) If you have not familiarized yourself with the relevant operation manuals, you probably should do that. ENF 23 "Loss of Permanent Resident Status" (this a link) is, of course, the most pertinent manul. See section 7 in particular. And in section 7, pay particular attention to section 7.7 regarding "Humanitarian and compassionate determinations." Clue: basically your case comes down to whether the H&C considerations will persaude them that you should be allowed to remain a PR. A lawyer might find other, technical grounds, that might possibly help your case, but the key fulcrum is whether or not your H&C arguments carry enough weight. Other operational manual to review is the one covering IAD appeals; this is ENF 19 "Appeals before the Immigration Appeal Division (IAD) of the Immigration and Refugee Board (IRB)" http://www.cic.gc.ca/english/resources/manuals/enf/enf19-eng.pdf. It too addresses H&C considerations but not as directly relevant to a case involving a removal order based on a breach of the PR residency obligation. I hestitate to directly discuss the H&C considerations because these are so closely tied to the particulars of an individual's specific case -- it is very, very difficult to generalize much about this that is helpful, except, perhaps, to note that if Canadian citizen children are involved, that is a huge factor. Among some key H&C considerations that might otherwise be of much significance: why you failed to meet the residency obligation, what efforts did you make to return to Canada as soon as possible. Please report back as to how this goes. We do not get many of these reports, and it is difficult to ascertain how strict they are being about the PR residency obligation, so input from someone going through the process would help us get a better picture of how CIC is tending to approach things these days.
	Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions. BTW: Not an expert, not a Can. lawyer, never worked in immigration

Matombo Members Profile Send Private Message Find Members Posts Add to Buddy List Junior Member Joined: 12 Jan 2013 Status: Offline Points: 19	Post Options Post Reply Quote Matombo Report Post Thanks(0) Quote Reply Posted: 12 Jan 2013 at 5:41pm
	Zormas, Good luck!. You should have valid reasons on your absence and ties to Canada otherwise it will be tough. Well.. lawyers will charge you approx CAD$ 5,000 in the end you will do the talking as you know more of yourself. I did with no lawyer. Wish you all the best.
	MATOMBO

zormas Members Profile Send Private Message Find Members Posts Add to Buddy List Junior Member Joined: 30 Mar 2010 Status: Offline Points: 30	Post Options Post Reply Quote zormas Report Post Thanks(0) Quote Reply Posted: 22 Jan 2013 at 11:15pm
	Alright...so i won the appeal :) It is a very very scary moment..with all those IAD members ..microphones etc etc in the room. I was questioned for almost 45 minutes by the minister's counsel and sometimes by the Judge as well.They really get into details..which you would have never thought were important...for example family members job descriptions..salary..your 1st job... etc etc. :~ Without getting into too many details I can tell you folks...they are VERY strict ...and without proper supporting docs be ready to pack your bags.If your appeal is based on H&C grounds...maybe medical reasons...then these medical reasons better be serious ones.. or else they will not consider the appeal . I came very close to losing everything..but I had given enough supporting docs to convince them. I HOPE i never see that IAD room again! :)

Msafiri Members Profile Send Private Message Find Members Posts Add to Buddy List Junior Member Joined: 29 Nov 2012 Status: Offline Points: 30	Post Options Post Reply Quote Msafiri Report Post Thanks(0) Quote Reply Posted: 23 Jan 2013 at 3:02pm
	Congratulations. Without revealing personal details could you highlight your reasons for the absence...was it medical etc and what documentation did you submit. Did you have counsel? Your experience shows the importance of an oral hearing where credibility might just swing it your way!

dpenabill Members Profile Send Private Message Find Members Posts Add to Buddy List Top Member Joined: 29 Nov 2009 Status: Offline Points: 6407	Post Options Post Reply Quote dpenabill Report Post Thanks(0) Quote Reply Posted: 23 Jan 2013 at 3:51pm
	Good report zormas. First here I recall for an IAD appeal regarding inadmissibility due to breach of residency obligation. Your notes of emphasis are duly noted.
	Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions. BTW: Not an expert, not a Can. lawyer, never worked in immigration

zormas Members Profile Send Private Message Find Members Posts Add to Buddy List Junior Member Joined: 30 Mar 2010 Status: Offline Points: 30	Post Options Post Reply Quote zormas Report Post Thanks(0) Quote Reply Posted: 30 Jan 2013 at 9:04pm
	Sorry for the late reply. I was away due to medical reasons .You have to submitt doctors reports..diagnosis and all the correspondense with the doctor.AS mentioned earlier...they look at how serious the medical condition is or was. I did have a counsel as I did not know the right procedure to handle the whole appeal thing.But I ended up being my own counsel as they ask you questions directly and not your counsel. My advise to anybody who is outside of Canada......do not violate this rule as the chances are very very slim of retaining your PR.I was very lucky and i will make sure it doesnt happen again.