44(1) and subsequent process?

[Alvita]

Hello, what is the process and cost to appeal a 44(1) record in case of non compliance of RO at PoE?

I am aware that the appeal needs to be made in under 30 days, but what's the process and how much can it cost?

Any inputs or pointers much appreciated

Thank you!

 

[asaeed100]

Hello, what is the process and cost to appeal a 44(1) record in case of non compliance of RO at PoE?

I am aware that the appeal needs to be made in under 30 days, but what's the process and how much can it cost?

Any inputs or pointers much appreciated

Thank you!

i would advise to contact a good lawyer
they cost from 3K + per applicant

 

[canuck78]

Really depends on your case. You’ll need to evaluate if there is a chance of saving your PR unless you have the extra 3k to spend whether your chances are good or not,

 

[dpenabill]

Hello, what is the process and cost to appeal a 44(1) record in case of non compliance of RO at PoE?

I am aware that the appeal needs to be made in under 30 days, but what's the process and how much can it cost?

Any inputs or pointers much appreciated

Thank you!

The basic process is to submit the fairly simple paperwork that makes the appeal, within thirty days, and follow instructions after that, including timely submissions in response, and then show up for the IAD hearing and state the facts including your reasons for being outside Canada or otherwise for not returning to Canada sooner.

The costs for that are incidental, including mailing costs, document copying costs, and other incidental fees.

The costs go up dramatically if a lawyer is hired to help. Better to have a lawyer.

But it is not necessary to have a lawyer. It appears a high number of those who do appeal do so without being represented by an attorney. But no advanced degrees in mathematics necessary to calculate the odds are better when represented by a lawyer who can help you present your case more persuasively.

Some numbers: Actual statistics are hard to come by. I am aware of the 2014 numbers. 1008 PoE Departure Orders appeals decided, and as I recall just 77 of those resulted in keeping PR status. General reports indicate less-than-ten-percent are successful in keeping PR status after being Reported at a PoE. But I think that is based on percentage of successful appeals. For example, 1408 PRs were issued 44(1) Reports and Departure Orders at a PoE in 2014. Again, as I recall, I believe only 77 PRs succeeded in saving PR status that year.

There are indications the trend has been toward increased PoE scrutiny and elevated enforcement, and overall Canada appears to be getting more strict (albeit not strict enough more than a few here complain) at every stage, including the IAD. That said, since we do not know a lot about the actual numbers, it is possible that they are, so to say, catching more returning PRs in breach at the Ports-of-Entry, in large part due to the implementation of enhanced technology and better record-capturing and database-accessibility, and the apparent trend is not about getting more strict in terms of criteria applied in deciding who gets reported.

 

[MUSTAFACAN]

Did the report say you need to appeal?
The report is examined by MD and he will issue a removal order or send the case to ID hearing.
If you receive a removal order then you need to appeal within 30 days.

I also receive a44(1) report when I applied for renewal of PR Card in 2017. The officer mentioned in letter that MD will.contaxct me. Till now no one has contacted me. I have received 1 year card twice and applied for 3 Rd time.

 

[asaeed100]

Did the report say you need to appeal?
The report is examined by MD and he will issue a removal order or send the case to ID hearing.
If you receive a removal order then you need to appeal within 30 days.

I also receive a44(1) report when I applied for renewal of PR Card in 2017. The officer mentioned in letter that MD will.contaxct me. Till now no one has contacted me. I have received 1 year card twice and applied for 3 Rd time.

The basic process is to submit the fairly simple paperwork that makes the appeal, within thirty days, and follow instructions after that, including timely submissions in response, and then show up for the IAD hearing and state the facts including your reasons for being outside Canada or otherwise for not returning to Canada sooner.

The costs for that are incidental, including mailing costs, document copying costs, and other incidental fees.

The costs go up dramatically if a lawyer is hired to help. Better to have a lawyer.

But it is not necessary to have a lawyer. It appears a high number of those who do appeal do so without being represented by an attorney. But no advanced degrees in mathematics necessary to calculate the odds are better when represented by a lawyer who can help you present your case more persuasively.

Some numbers: Actual statistics are hard to come by. I am aware of the 2014 numbers. 1008 PoE Departure Orders appeals decided, and as I recall just 77 of those resulted in keeping PR status. General reports indicate less-than-ten-percent are successful in keeping PR status after being Reported at a PoE. But I think that is based on percentage of successful appeals. For example, 1408 PRs were issued 44(1) Reports and Departure Orders at a PoE in 2014. Again, as I recall, I believe only 77 PRs succeeded in saving PR status that year.

There are indications the trend has been toward increased PoE scrutiny and elevated enforcement, and overall Canada appears to be getting more strict (albeit not strict enough more than a few here complain) at every stage, including the IAD. That said, since we do not know a lot about the actual numbers, it is possible that they are, so to say, catching more returning PRs in breach at the Ports-of-Entry, in large part due to the implementation of enhanced technology and better record-capturing and database-accessibility, and the apparent trend is not about getting more strict in terms of criteria applied in deciding who gets reported.

in 2014 who was the PM of Canada?

 

[Alvita]

Thank you for the prompt responses.
I understand that the positive outcomes for H&C appeal are low from what you state

FYI I don't have a 44(1) yet. My 5-years-from-landing come up in November 2020, and my PR card end date is Feb2021. I have only been in Canada about 2months on 2 separate trips and haven't been able to move because of my own health issues which have required a support system

Taking a practical view of the circumstances, I have accepted it to be a tricky and uncertain option to try and save the PR even if I am better now and can move, since the RO breach is huge. Hence I wanted to have information on the possible cost of an appeal which will help me decide what to do in this situation.

I do have proofs that will help with the h&c appeal - medical documents etc. But I am not sure if the applicant themselves having health challenges actually bodes for a negative impact on the outcome of appeal ?

 

[Alvita]

Did the report say you need to appeal?
The report is examined by MD and he will issue a removal order or send the case to ID hearing.
If you receive a removal order then you need to appeal within 30 days.

I also receive a44(1) report when I applied for renewal of PR Card in 2017. The officer mentioned in letter that MD will.contaxct me. Till now no one has contacted me. I have received 1 year card twice and applied for 3 Rd time.

Could you elaborate please, what is an MD and ID hearing in this context
Do you mean to say a 44(1) does not necessarily mean 'removal unless appeal in 30days' and it is subject to additional reports or such?

thanks

 

[canuck78]

Hello, what is the process and cost to appeal a 44(1) record in case of non compliance of RO at PoE?

I am aware that the appeal needs to be made in under 30 days, but what's the process and how much can it cost?

Any inputs or pointers much appreciated

Thank you!

Have you actually been reported?

 

[Alvita]

Hi,

Have you actually been reported?

No I haven't reentered Canada yet, am assessing all possibilities and risks before deciding / attempting to do so
I know I will either get reported or not reported, so I wanted to be clear on what happens if I do get reported
Additionally, if I get a company xfer, it might get complicated if I get reported...so looking at all possibilities here
thanks

 

[MUSTAFACAN]

Could you elaborate please, what is an MD and ID hearing in this context
Do you mean to say a 44(1) does not necessarily mean 'removal unless appeal in 30days' and it is subject to additional reports or such?

thanks

Yes a44(1) report doesn't mean a removal order. The report is sent to Minister Delegate who will decide whether to issue removal order or send the case to Immigration board for hearing.
To know more about the report download ENF 05 AND ENF 06. Search in Google.

 

[Alvita]

Yes a44(1) report doesn't mean a removal order. The report is sent to Minister Delegate who will decide whether to issue removal order or send the case to Immigration board for hearing.
To know more about the report download ENF 05 AND ENF 06. Search in Google.

Thanks very much!