Appeal Dismissed by IAD

[KSA99]

Hello Everyone,


I need your urgent help on my below matter.


Due to my RO issue, I was crossed check and reported by an immigration officer at Montreal Airport two years ago. I filed my appeal in the allowed time on H&C basis.


About a month ago, I received a notice from IAD office asked me to appear for appeal hearing on Nov 20, 2017. I was planning for my hearing which was due on Nov, 20 but few days before I received another letter from IAD mentioned that my appeal has been Dismissed by the Minister's counsel.


I do not know how my appeal has been dismissed without any hearing. First of all the appeal process took more than two years and just before the appeal hearing date, the appeal has been dismissed without any hearing! I do not know what to do now.


Please help and give me your advice as what to do now.


Thanks and Regards,

 

[Bs65]

Others can comment but maybe consult an immigration lawyer for legal advice as opposed to a public forum.

 

[evdm]

Have you submitted all your documents and followed all instructions given to you?

I agree with the post above. Best to seek proper legal counsel.

 

[rish888]

Your appeal cannot be dismissed without a hearing. (Unless you abandon it, which is another issue.)

I would read the letter very carefully. Does it say dismissed by minister's counsel? That cannot be the case because the Minister's counsel does not dismiss the appeal. MC is the respondent. Only an IAD member has the power to dismiss an appeal.

First step is to scrutinize the letter you have received.

 

[rish888]

Also see if the letter actually says you have lost your PR status.

But again, unless you didn't follow IAD procedure and abandoned your appeal, you are entitled to a hearing by law.

 

[KSA99]

No. It is not mentioned in the minister's report that I lost my PR status.

Main points stated in the report:

1. After considering the evidence of this file, we are of the opinion that none of the factors
established by the jurisprudence is positive for the appellant. Consequently. we ask the
tribunal to dismiss this appeal.

2. We wish to inform the tribunal that our written recommendation is based on the documentary
evidence present in the file, which does not suggest that the appellant is contesting the legal
validity of the removal order. Would there be any ·new information in that respect, the
Minister asked to be advised in order to be able to take position on this matter pursuant to
Section 25 of the Immigration Appeal Division Rules.

3. In the present circumstances, the Minister's Representative will not be present at the hearing
scheduled on November 20, 2017 at 1:00 PM. However, would there be any change in the file, '
the Minister's Representative could be present.

I think that I should get a chance of hearing so that I can bring into the Minster knowledge some new development regarding my status.

 

[rish888]

@KSA99

Seems you have misunderstood what is happening. Under Western legal systems, when the complainant/respondent files documents with the court/tribunal, the opposing party gets copies.

This document is what the Minister's counsel has filed with the IAD. It outlines their position requesting your appeal be dismissed. It further advises the IAD that they are not going to attend the hearing. (As such you will not be cross-questioned at the hearing. The hearing will have you laying out your story, your attorney questioning you if you have one, and the IAD member asking you some questions before rendering a decision.)

You got a copy because under the legal system you get a copy of everything the respondent files with the tribunal.

Let me say this in plain terms: Your appeal has not been dismissed. You still have the hearing on Nov 20. You need to go to that hearing, and the IAD member will make a decision on your PR status.

Under present circumstances there is no need for you to consult with a lawyer. (For this specific issue, it is just something administrative.) However a good lawyer always helps.

p.s. what H&C claims are you making?

Best of luck with your appeal.

 

[rish888]

Another thing to note is that the Minister's counsel has mentioned that they are of the opinion that jurisprudence doesn't support your case. While IAD decisions are not binding on future hearings, they nonetheless provide an effective starting point. If I were you I would revisit your H&C arguments and see if prior decisions are in your support to maximize your chances. You need to make a really convincing case on most of the H&C factors to be successful on appeal.

 

[KSA99]

Actually my lawyer is handing my case and he received this message from Minister's counsel.

 

[Varun_Y]

Hello Everyone,


I need your urgent help on my below matter.


Due to my RO issue, I was crossed check and reported by an immigration officer at Montreal Airport two years ago. I filed my appeal in the allowed time on H&C basis.


About a month ago, I received a notice from IAD office asked me to appear for appeal hearing on Nov 20, 2017. I was planning for my hearing which was due on Nov, 20 but few days before I received another letter from IAD mentioned that my appeal has been Dismissed by the Minister's counsel.


I do not know how my appeal has been dismissed without any hearing. First of all the appeal process took more than two years and just before the appeal hearing date, the appeal has been dismissed without any hearing! I do not know what to do now.


Please help and give me your advice as what to do now.


Thanks and Regards,

An appeal cannot be dismissed without hearing. I will strongly advise you to contact a legal consultant. Two years ago, did you arrive at the Montreal airport with a valid PR card?

Thanks.

 

[canuck_in_uk]

Actually my lawyer is handing my case and he received this message from Minister's counsel.

If your lawyer thought this this letter means that your hearing is cancelled, then he is a pretty lousy lawyer...

 

[rish888]

If your lawyer thought this this letter means that your hearing is cancelled, then he is a pretty lousy lawyer...

I second what @canuck_in_uk said. Are you sure you have an actual lawyer? I recommend you take more interest in your case. If you loose your lawyer's life goes on, it is you who will need to leave Canada.

Have a look at the H&C arguments he is making, ask to look at all the papers. Do some research, and if your lawyer told you this meant your case was dismissed 100% you need a new lawyer.

What are your H&C reasons? Your type of H&C reasons and prior precedent (though not binding) will have a significant impact on your case.

 

[rish888]

An appeal cannot be dismissed without hearing. I will strongly advise you to contact a legal consultant. Two years ago, did you arrive at the Montreal airport with a valid PR card?

Thanks.

If you are in violation of your RO and are trying to get in undetected, do not go to Montreal. They hand out Departure Orders the way we hand out candy on Halloween.

Toronto Pearson is your best bet by air.

Buffalo Niagara is your best bet by vehicle.

Train is your overall best choice IMO if you have a valid PR card. I remember reading a post a while back and someone said that train checks (if you have a valid PR card) are pretty quick.

Whatever you do, do not go to a Quebec external border. (Especially if you don't speak French.)

 

[PMM]

Hi

If you are in violation of your RO and are trying to get in undetected, do not go to Montreal. They hand out Departure Orders the way we hand out candy on Halloween.

Toronto Pearson is your best bet by air.

Buffalo Niagara is your best bet by vehicle.

Train is your overall best choice IMO if you have a valid PR card. I remember reading a post a while back and someone said that train checks (if you have a valid PR card) are pretty quick.

Whatever you do, do not go to a Quebec external border. (Especially if you don't speak French.)

1. If you are responding to KSA, it is too late for that, s/he has already been reported.

 

[KSA99]

Hello Everyone,

Thanks all for replying me back.

It is clear to me now that my appeal cannot be dismissed without hearing. I have been waiting for this hearing for more than two years and it cannot be ended without hearing. I will check it with my lawyer again. May be there is some misunderstanding which he has to resolve.

To clarify on some points raised here, please note:

1. My Lawyer is a qualified lawyer and he has been working for many years in Canada
2. When I landed last time in Canada, my PR status was valid and now the PR expired and I am outside Canada

One more question, is it safe and legally allowed to land in Canada by crossing the USA land boarder with an expired PR card and with RO ? Please comments on it.

Thanks and Regards,