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Removal Order and H&C Application
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arshadkhan Posts: 1
Posted On: 10/27/2019
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Hi,
My friend came to Canada under the Federal Skilled Program as a PR. His PR was expiring within 2mos. of his 2nd arrival to Canada. At the port of entry he was asked a few questions, allowed to enter and told that someone "may" contact them.
My friend changed residence in the next 6mos. After 3 years of living here, he applied for his PR card renewal and was at that time told that there is a "Removal Order" issued against him. He pursued CBSA to obtain the order. In the meantime, he consulted an immigration lawyer who advised him to get the orders and the requisite file prior to the lawyer lodging a appeal. Obtaining the documents took a few weeks and when the lawyer filed the appeal it was declined due to it not being within 30 days of issuance (RO), with the observation that it was not even within 30 days of the time when my friend came to know about the existence of a Removal Order.
Based on his lawyer's advise, he appealed and then went through to the Federal Court appealing the issuance of the Removal Order. However, the entire judicial system remained focused on why he did not appeal within 30 days of coming to know of a Removal Order. On the lawyer's suggestion, he has now applied for H&C and has been invited next week for a discussion on his PRRA application.
My question is that if someone changed there address and were not told that they need to be in touch with CBSA and they worked locally, paid taxes, their children attended school, and they carried out their normal life. Why are they facing the specter of deportation when their crime is only that they changed address and did not receive any CBSA communication. To me it seems disproportionate to the "mistake" and why is this such a difficult thing to pursue in Canada's judicial system in context of the country being open to Immigrants esp., ones who contribute to the economy.
He is under a lot of stress and i would like to get him some answers. Based on the above, what are his options? he was working at a decent Managerial job outside Canada, left that to come here and now cannot take up anchor and return to his country without compromising his kid's future. What recourse should he pursue while he waits for processing of his H&C? Thanks
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Moderator Moderator Posts: 4075
Posted On: 10/28/2019
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Hello,
Thank you for sharing this situation in such detail.
We can appreciate that you would be concerned about this situation.
Unfortunately, we are unable to provide any definitive responses in these types of situations.
We hope that others who may have experienced something similar can share their experiences with you.
You may also want to see if it is possible to seek the advice of another lawyer to confirm the process that has been described here.
I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.
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Anna
Settlement.Org Content and Information/Referral Specialist, CCRS, CCRS-DC
Settlement.Org
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