Denied PRTD how to appeal |
Post Reply |
Author | |
tamy_romy
New Member Joined: 06 Sep 2016 Location: new york Status: Offline Points: 3 |
Post Options
Thanks(0)
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
|
|
pmm
Top Member Joined: 29 Nov 2009 Status: Offline Points: 2279 |
Post Options
Thanks(0)
|
Hi
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
|
|
tamy_romy
New Member Joined: 06 Sep 2016 Location: new york Status: Offline Points: 3 |
Post Options
Thanks(0)
|
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? |
|
Post Reply | |
Tweet |
Forum Jump | Forum Permissions You cannot post new topics in this forum You cannot reply to topics in this forum You cannot delete your posts in this forum You cannot edit your posts in this forum You cannot create polls in this forum You cannot vote in polls in this forum |