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Can i still appeal

finalexodus

Newbie
Jun 6, 2011
7
0
I received a removal order, but left canada before the 30 days is up. I left without obtaining a certificate of departure.

1. Do I still have the option to appeal?
2. Can I send in the appeal by mail from outside of Canada?
3. As I live in the US, can I still drive up to the border and obtain a certificate of departure to confirm departure?
 

canuck78

VIP Member
Jun 18, 2017
55,589
13,520
1. Yes

How many days have you been in Canada for the past 5 years. Why could you not meet your RO obligation? Based on previous post you may not have been in Canada since 2011.
 

finalexodus

Newbie
Jun 6, 2011
7
0
1. Yes

How many days have you been in Canada for the past 5 years. Why could you not meet your RO obligation? Based on previous post you may not have been in Canada since 2011.
I haven't been in Canada to meet RO as I studied in the US. I'm ok giving up Canadian PR at this point. Can I mail in my appeal? Thanks.
 

canuck78

VIP Member
Jun 18, 2017
55,589
13,520
I haven't been in Canada to meet RO as I studied in the US. I'm ok giving up Canadian PR at this point. Can I mail in my appeal? Thanks.
Studying in the US is definitely not considered H&C reasons. You can appeal but expect to likely refused be refused.
 

PMM

VIP Member
Jun 30, 2005
25,494
1,950
HI

I received a removal order, but left canada before the 30 days is up. I left without obtaining a certificate of departure.

1. Do I still have the option to appeal?
2. Can I send in the appeal by mail from outside of Canada?
3. As I live in the US, can I still drive up to the border and obtain a certificate of departure to confirm departure?
1. No, you had 30 days to appeal.
3. You can try, but if 30 days have passed it has probably turned in to a deportation order.
 

dpenabill

VIP Member
Apr 2, 2010
6,435
3,182
Observation: Contrary to erroneous assertions, an explanation based on continuing studies abroad not only CAN be considered as a factor favouring H&C relief for a breach of the Residency Obligation, like any and every other reasonable explanation for why the PR did not return to Canada sooner it MUST be considered. HOWEVER, the extent to which this will carry positive weight in a particular case DEPENDS on many other factors, and depending on the context can also be considered a negative rather than positive factor.

In this regard it is important to remember that how any one factor influences the H&C assessment can depend a great deal on other factors, such as extent of ties in Canada and extent of previous establishment in Canada, and of course the age of the PR. Moreover, the particular details can loom very large, some tending to help, some tending to hurt. More positive weight for studying abroad is likely, for example, if the particular program of study is one that is not available in Canada and it is an important part of the PR's educational and career path, and especially if before going abroad to pursue the program the PR was already settled in Canada.

CAVEATS for OP: The above observations do NOT appear to offer you much; in particular --
-- if the time period to appeal has passed, you are no longer a Canadian and have no right to appeal the Report and Departure Order.
-- If you still have time to appeal, as a stand alone reason for staying outside Canada, studying in another country does NOT offer much hope for H&C relief (in other words, for it to help you need some other positive factors, like having first been well-settled and living in Canada, among others), and
-- -- if you are continuing to live abroad, that further reduces the odds of a successful appeal​
 

canuck78

VIP Member
Jun 18, 2017
55,589
13,520
Seems like you are actually working in the US. Your posts indicate that you were in Canada to need to come to Canada to renew your H1B.