Canada Immigration and Visa Discussion Forum Homepage
Forum Home Forum Home > Canada Immigration Topics > Preserving Permanent Residence Status
  New Posts New Posts RSS Feed - Denied PRTD how to appeal
  FAQ FAQ  Forum Search   Events   Register Register  Login Login

Denied PRTD how to appeal

 Post Reply Post Reply
Author
Message
tamy_romy View Drop Down
New Member
New Member
Avatar

Joined: 06 Sep 2016
Location: new york
Status: Offline
Points: 3
Post Options Post Options   Thanks (0) Thanks(0)   Quote tamy_romy Quote  Post ReplyReply Direct Link To This Post Topic: Denied PRTD how to appeal
    Posted: 06 Sep 2016 at 4:36pm
Hi my case is the following

I immigrated with my family from Brazil  to Canada in 2002 when I was 14 years old, minor and dependent of my parents. 

Unfortunately due to my grandfather illness we had to go back to Brazil after a short period of 40 days in Canada. When we were planning to go back to fill the requirement of living 2 out of 5 years, my grandfather had to go through a very complicated surgery and again my father had to take care of him and we never went back to Canada.

Fourteen years later I want to go back as an independent adult. I submitted the PRTD application with all documents I had, however since I was a minor I didn't have much documents to show connections specially because I was there for so little time. I wrote a letter explaining everything and used Humanitarian and compassionate reasons specially because Brazil is going through a serious economical and political crisis which resulted in a coup

I was denied the PRTD and now I want to appeal. Which direction should I take? How can I use the fact that I was a minor and had no capacity of making the decision of staying by myself to fill the requirements of time spent inland.

Thank you
Back to Top
pmm View Drop Down
Top Member
Top Member


Joined: 29 Nov 2009
Status: Offline
Points: 2279
Post Options Post Options   Thanks (0) Thanks(0)   Quote pmm Quote  Post ReplyReply Direct Link To This Post Posted: 07 Sep 2016 at 1:32pm
Hi


Originally posted by tamy_romy tamy_romy wrote:

Hi my case is the following

I immigrated with my family from Brazil  to Canada in 2002 when I was 14 years old, minor and dependent of my parents. 

Unfortunately due to my grandfather illness we had to go back to Brazil after a short period of 40 days in Canada. When we were planning to go back to fill the requirement of living 2 out of 5 years, my grandfather had to go through a very complicated surgery and again my father had to take care of him and we never went back to Canada.

Fourteen years later I want to go back as an independent adult. I submitted the PRTD application with all documents I had, however since I was a minor I didn't have much documents to show connections specially because I was there for so little time. I wrote a letter explaining everything and used Humanitarian and compassionate reasons specially because Brazil is going through a serious economical and political crisis which resulted in a coup

I was denied the PRTD and now I want to appeal. Which direction should I take? How can I use the fact that I was a minor and had no capacity of making the decision of staying by myself to fill the requirements of time spent inland.

Thank you


1. You should have received appeal rights with the refusal. You have 60 days to appeal to the IAD.
2. You will have difficulty winning an appeal based on H.& C. grounds, although you were removed as a minor, if you tried to return at the first opportunity (18 or 19) when you became an adult, you waited until you were 28, so I wouldn't hold out too much hope on an appeal.
3. Start your reading here: http://www.irb-cisr.gc.ca/Eng/BoaCom/references/procedures/Pages/ProcessResObl.aspx
PMM
Back to Top
tamy_romy View Drop Down
New Member
New Member
Avatar

Joined: 06 Sep 2016
Location: new york
Status: Offline
Points: 3
Post Options Post Options   Thanks (0) Thanks(0)   Quote tamy_romy Quote  Post ReplyReply Direct Link To This Post Posted: 08 Sep 2016 at 1:06pm
Thank you for your answer.
On that case would it be better to start a new immigration process instead of insisting on that one? The Express entry program (Federal skilled worker - I have a Master degree and a potential employer) could be a good option?

Back to Top
 Post Reply Post Reply
  Share Topic   

Forum Jump Forum Permissions View Drop Down