Apeal withdraw before the hearing

[dido123]

Hello All,
I received that my hearing about my appeal for my prtd is about 2 months from now.I called a lawyer and after hearing my case he said to me that i can withdraw my appeal since canadian /Us border immigration officer granted me an pr at border since he stamped me as a pr stamp on my passport after waiting there for 12 hours and waiting for sydney decision since i came.into canada from.us border without pr card and no visa.I called also the appeal division they told me that i can withdraw the appeal since the border officer has the right to grant me a pr status so she said to scan a copy of the stamp with a letter.so im now shocked and i have a question .is that r8 regarding having the ability to withdraw an appeal.what if ny withdrawl request was canceled .can it negatively affect the hearing.thank you very much

 

[dpenabill]

Hello All,
I received that my hearing about my appeal for my prtd is about 2 months from now.I called a lawyer and after hearing my case he said to me that i can withdraw my appeal since canadian /Us border immigration officer granted me an pr at border since he stamped me as a pr stamp on my passport after waiting there for 12 hours and waiting for sydney decision since i came.into canada from.us border without pr card and no visa.I called also the appeal division they told me that i can withdraw the appeal since the border officer has the right to grant me a pr status so she said to scan a copy of the stamp with a letter.so im now shocked and i have a question .is that r8 regarding having the ability to withdraw an appeal.what if ny withdrawl request was canceled .can it negatively affect the hearing.thank you very much

The situation is not clear to me. Could be mostly a language issue, but there appear to be some blaring incongruities.

Best I can offer from what I can discern is the following, a caution:

The denial of a PR Travel Document will effectively terminate PR status unless you win the appeal or CIC rescinds the decision to deny the PR TD. Nothing done by CBSA officer at a POE will alter this.

I cannot explain what the lawyer or someone at the appeal division said. I might be missing something. I probably am missing something.



Some additional observations which may or may not be related to your situation:

A CBSA border officer cannot issue PR status except to complete the process of landing for a person with a PR visa.

A PR cannot be issued PR status. The PR already has that status.

A CBSA border officer can allow a PR to enter Canada. In fact, if a PR arrives at a POE and seeks entry, the border officers must allow entry. This would be true for a PR who has been denied a PR TD but is still a PR pending the outcome of an appeal.

A CBSA border officer can issue a visitor's visa. But a PR cannot be issued a visitor's visa. A PR can, however, surrender PR status at the border and then be issued a visitor's visa. This would constitute withdrawing the PR TD appeal, or could be accomplished through withdrawing the PR TD appeal. If I was to guess, this may be the scenario you are inquiring about.

But that would just be a guess. And there is another possible scenario I could guess is involved:

A PR with an appeal pending for the denial of a PR TD might be eligible for a special PR TD authorizing the PR to enter Canada to attend the appeal. If you had an application for this type of PR TD pending, and in the meantime you showed up at a Canadian POE seeking entry (such as arriving at a land-crossing border with the U.S.), you should be allowed entry and then there would be no need for CIC to make a decision about issuing the special PR TD to attend the appeal. You would then be in Canada and able to attend the appeal . . . an appeal of the initial denial of a PR TD, not about the TD to come to Canada pending the appeal. If I was to guess, this is the other scenario you might be inquiring about.

I am no expert. I do not really know what your situation is. Some of what you describe does not make sense, but that may be due to language issues. I hope my observations help you to understand your situation more clearly.

 

[dido123]

Thank you for ur reply.
Yes my travel document was denied.but when i entered canada border through us border i just tell the officer that i have no visa and no travel document but i explained my situiation in the border and he said to me he is waiting sydney decision .so i waited about 11 hours and after that he told me that u r granted a pr status and he stamp me as a pr .after this i called a lawyer and the appeal division and they both said that the border officer has the full authority and if he stamp as a pr status so u can prove this and send a letter to the appeal department to withdraw the appeal.i wish its now more clearer.thank you very much

 

[dpenabill]

Thank you for ur reply.
Yes my travel document was denied.but when i entered canada border through us border i just tell the officer that i have no visa and no travel document but i explained my situiation in the border and he said to me he is waiting sydney decision .so i waited about 11 hours and after that he told me that u r granted a pr status and he stamp me as a pr .after this i called a lawyer and the appeal division and they both said that the border officer has the full authority and if he stamp as a pr status so u can prove this and send a letter to the appeal department to withdraw the appeal.i wish its now more clearer.thank you very much

While I am still not certain what your situation is, my impression is that you have misunderstood what you were told by either the lawyer, or the appeal division.

I suggest sitting down with a lawyer, in person, with all the paperwork, including that regarding the PR TD appeal, and going over this carefully. In particular, if what you were told by a lawyer was in a telephone call to a lawyer who is not actively representing you, I think you need a more precise opinion than what you have received.

My impression is that your PR status is very much at risk . . . that you need more than general opinions a forum like this provides. You really need to know and fully understand what the status of things are regarding the appeal of the PR TD.

To be clear, ordinarily, in almost all scenarios I can imagine, unless the denial of the PR TD is set aside, it will terminate your PR status. It is not a good idea to withdraw the appeal unless you are very certain that the PR TD denial is being rescinded. A CBSA officer at a border crossing cannot do that.

Do not rely on telephone conversations. Go to the scheduled hearing if need be. Better to get a lawyer, one who can look at your paperwork and represent you.

 

[dido123]

Thank you very much.
You said that its not a good idea to withdraw an appeal.if im not sure.my question is can the appeal department withdraw my appeal if they are not sure that my prtd deniel is being rescinded.?if yes .what this will affect my case if did it.IF no i will.not loose anything if i try to withdraw it since if the withdraw was declined i will go to the hearing .am i r8?
Thank you and sorry for asking too.much questions but really i need help and i want to get much info i need before going to any lawyer.
Thanks again

 

[scylla]

I agree with dpenabill. What you are saying doesn't make sense and I think there's something you have misunderstood. I also agree that your PR status is still very much in jeopardy and would not withdraw the appeal. If you withdraw the appeal, assume your PR status is gone. I wouldn't do anything until you have further conversations with your lawyer. Again, something doesn't make sense here.

 

[Msafiri]

Thank you very much.
You said that its not a good idea to withdraw an appeal.if im not sure.my question is can the appeal department withdraw my appeal if they are not sure that my prtd deniel is being rescinded.?if yes .what this will affect my case if did it.IF no i will.not loose anything if i try to withdraw it since if the withdraw was declined i will go to the hearing .am i r8?
Thank you and sorry for asking too.much questions but really i need help and i want to get much info i need before going to any lawyer.
Thanks again

1. The only way IAD will drop the appeal from CIC's side is if CIC put it in writing that they have changed their mind about not granting you a PRTD and that you remain a PR. CIC are expected to send you as the appellant a copy of this letter. Since this hasn't happened I agree with everyone else here that there is confusion. Don't cancel your appeal until you have written confirmation - given the legal issue and language barrier you need to actually sit down with your legal representative. Phone calls can lead to misunderstanding with serious consequences. Are you dealing with the same lawyer this time as the one who submitted your appeal? Be careful there may be correspondence out there lost in the system if CIC/IAD don't have your/ your lawyers correct address

2. As far as I can tell you got held up at the border because you had no/minimal evidence of your PR status and CBSA had to cross reference your story with CIC records from your initial PR as a minor and the PRTD application. Since anybody can show up at the land border and claim to be a PR but missing proof immigration can't just allow you through without proper checks. Once they confirmed your story they admitted you as a PR and stamped your passport since that is your status until the appeal is decided. What did you show CBSA as proof of status at land border entry?

 

[dido123]

Thanks for the reply.In the border ,I showed them my appeal and my old landed.
Can anyone help me how someone can succeed his appeal .I have strong evidence but i don't know the tips .
Thank you

 

[Msafiri]

Thanks for the reply.In the border ,I showed them my appeal and my old landed.
Can anyone help me how someone can succeed his appeal .I have strong evidence but i don't know the tips .
Thank you

You need competent legal advice/support which is beyond what the forum can help you with. Contact the owner of this forum or check the website of the professional legal association of whichever Province you reside in now they will have a list of lawyers dealing with immigration.

 

[dido123]

Thanks for your reply.How i can contact the owner of the forum?

 

[scylla]

Thanks for your reply.How i can contact the owner of the forum?

http://www.canadavisa.com/contact-canadian-immigration-office.html