Residency Obligation Appeal
If your permanent residence application to renew to Canada has been refused, ND Paralegal Services can help with appeals of negative decisions! Naba Dhungana has significant experience representing clients on appeals to the Immigration Appeal Division. He can assist at all stages, including with preparation of the notice of appeal, the gathering and filing of required evidence, the preparation of submissions, preparation for witness testimony and in providing representation at the hearing itself. His firm prides itself on the success it have achieved due to its thorough preparation of appeal files and my in-depth knowledge of the legislation and case law. Contact ND Paralegal Services if you require assistance at the Immigration Appeal Division.
Residency Requirement
After becoming a permanent resident of Canada, you are required to reside in Canada for at least 730 days out of every five years. If you do not meet this residency obligation and are discovered, you may receive a decision letter from Immigration Refugee and Citizenship Canada (IRCC) informing you of the loss of your permanent resident status. You may appeal this decision to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board of Canada (IRB) within 60 days of receiving the letter from IRCC.
Appeal Process
The appeal process involves a public hearing between the appellant and a Minister’s counsel representing CIC. If you are outside of Canada at this time, you may apply for a travel document to enter Canada, or be issued one either if you have visited Canada within the past 365 days or are required to attend the hearing in person. In some cases, the hearing may be held over the phone. Regardless of your case, as part of our services, Naba can represent you during this hearing to ensure all the necessary details of your case are presented to aid in recovery of your permanent resident status in Canada.
If your initial appeal to IAD is rejected, you may appeal to the Federal Court of Canada for a review of IRB’s decision, and must be represented by a lawyer. If the federal court accepts your appeal, it will be returned to IAD for re-hearing.
Chance Of Success In Appeal
​The likelihood of success in residency appeals, as with many appeals, may depend greatly on your (client’s ) behaviour after the date of filing the appeal. Particularly with current timelines, taking easily over a year to reach a hearing, much can be done to rehabilitate residency on humanitarian grounds. Consequently, a prospective client with a relatively low number of days spent in Canada and minimal establishment may still be able to demonstrate sufficient H&C considerations to have their appeal allowed. However, if the prospective client does not intend to change their behaviour in the coming months, the appeal may only prolong their loss of residency. It is possible that other avenues exist, by which the client could regain their permanent residency in the future, when they are actually prepared to resettle permanently in Canada.