Appeal is sucessful! So what's next! PLEASE HELP

[ilovecanadadry]

So here is the story, my parents and little sister went back to mother country long time ago when my sister was only like 4.
Recently they tried to come back to Canada but of course because of that they didn't live long enough to fullfil the residency obligation so PR were cancelled and decision was made.

We felt the decision to be unfair so we submitted an appeal and the appeal was done via telphone several months ago. We applied for humanitarian.
Sadly my parents' appeals are dismissed.
However my sister 's appeal is allowed.

Here is the original quote from the letter
"The appeal is allowed for JIN. The decision of the officier made outside of Canada on appellant's residency obligation is set aside. The immigration Appeal Division finds that the appelant has not lost her permanent resident status. "

JIN is short for my sister's name.

it is a very good news. But then what's next? There is no instruction of what to do next in the letter...

My sister is still in mother country right now. She still has immigration paper and the expiered PR card. And she has to have a visa(travel or what ever visa) to get in Canada.

I would prefer just applying for a new PR card in Canada for her and mail to her if possible???
Please help me! Thank you very much!

 

[Msafiri]

Way forward depends who decided on the appeal. Was it before the IAD or the FC? If the IAD then CIC may appeal against loss to the FC. If CIC don't or can't pursue this further then visa post will issue PRTD with RC-1 category indicating issuance on H&c grounds. Once your sister is back in Canada she can apply for a PR Card using the RC-1 coded PRTD as proof that she is deemed not to have lost her PR status. Trying to apply for a PR Card while she is overseas is a hassle as it will likely be delayed (check the processing times) and she may be still required to pick the card up in person which then needs a PRTD.

 

[ilovecanadadry]

Way forward depends who decided on the appeal. Was it before the IAD or the FC? If the IAD then CIC may appeal against loss to the FC. If CIC don't or can't pursue this further then visa post will issue PRTD with RC-1 category indicating issuance on H&c grounds. Once your sister is back in Canada she can apply for a PR Card using the RC-1 coded PRTD as proof that she is deemed not to have lost her PR status. Trying to apply for a PR Card while she is overseas is a hassle as it will likely be delayed (check the processing times) and she may be still required to pick the card up in person which then needs a PRTD.

Thank you very much for the information.
The letter is issued by this office called IRB representative, immigration and refugee board of canada, immigration appeal division.
So she wil need to apply for a performance residence travel document in her country? But we are afraid to do so as they will reject us again. What document do we need to give them, just this letter received?

 

[ilovecanadadry]

No one here had the same experience?

 

[Msafiri]

Thank you very much for the information.
The letter is issued by this office called IRB representative, immigration and refugee board of canada, immigration appeal division.
So she wil need to apply for a performance residence travel document in her country? But we are afraid to do so as they will reject us again. What document do we need to give them, just this letter received?

To clarify was the initial refusal that of PRTD applications or were they reported at the border?

1. IAD is part of the IRB which is the first level of the appeal process. This means that technically CIC can appeal to the FC which is the second stage of the appeal process. CIC usually don't bother to go to the FC if they lose a removed as a minor cases as it seems unduly harsh but they may. It also means your parents can appeal to the FC but if they have no H&C grounds (IAD would have already considered this) no point.

2. Your sister shouldn't bother with what CIC does but needs to apply for a PRTD. Visa office must follow IAD's ruling since they also get a copy of the decision.

3. Visa post response to IAD decision will indicate if CIC has appealed. If visa post contact your sister and ask for her passport then its a sign CIC won't appeal. This should happen say within a month but sometimes they drag their feet. Your sister can send them the decision letter now with her passport for PRTD endorsement. Send a copy not the original of the IAD decision letter and use a mailing method that has proof of delivery.

 

[ilovecanadadry]

IAD is part of the IRB. This means that CIC can appeal to the FC. Your sister shouldn't bother with what CIC does but needs to apply for a PRTD. Visa office must follow IAD's ruling since they also get a copy of the decision. Visa post response to PRTD application will indicate if CIC has appealed but as stated let this be the visa post problem not her problem. If CIC don't appeal visa post should issue a PRTD say within a month but sometimes they drag their feet. Your sister can send them the decision letter now with her passport for PRTD endorsement. Send a copy not the original of the IAD decision letter and use a mailing method that has proof of delivery.

Dear Sir
So my sis should
- immeadiately apply for the PRTD right away to advoid delay right
- she needs to put in the original letter received from IRB, or just copies of the letter?
- How long does it take to apply for a PRTD?
- it says in the PRTD form that we need to provide information for humanitarian stuff, we already appealed, do we still need to provide any of these? or just putting in the letter from IRB?
Thank you very much

 

[Msafiri]

Can you clarify what was originally refused? Was it a PRTD? If yes then the IAD decision means visa post must cancel their refusal and revive the initial PRTD application. However to make things smoother she can submit a new PRTD application with new fees. In Q18 make reference to IAD decision and include copy of the letter no need to repeat the H&C grounds. Processing times vary depending on which visa post she will apply - check the CIC's website for this info.

 

[ilovecanadadry]

Can you clarify what was originally refused? Was it a PRTD? If yes then the IAD decision means visa post must cancel their refusal and revive the initial PRTD application. However to make things smoother she can submit a new PRTD application with new fees. In Q18 make reference to IAD decision and include copy of the letter no need to repeat the H&C grounds. Processing times vary depending on which visa post she will apply - check the CIC's website for this info.

We first applied for humanitarian to apply for a new PR card, and the application was rejected for whole families - parents and daughter.
Then they submitted an appeal and did the appeal via telephone.
They never tried to apply for a PRTD before.

So what they do now is to directly apply for PRTD and just need to submit copy of the letter from IAD and make reference in Q18 on the application, right?

 

[traumasurgeon]

I wonder what was your H&C reason for your sister that you stated, so they accepted. I will be happy to hear. Thanks

 

[Msafiri]

.....So what they do now is to directly apply for PRTD and just need to submit copy of the letter from IAD and make reference in Q18 on the application, right?

Correct

 

[ilovecanadadry]

I wonder what was your H&C reason for your sister that you stated, so they accepted. I will be happy to hear. Thanks

She was brought back to home country when was very young like 5 year old , so she wasn't able to make a decision that time which is unfair.

 

[simba.wst]

Thank You guys as I got an Appeal Allowed recently on H& C grounds as my family are Canadia citizens & have a 15 year old daughter who needs me, my application for PRTD was denied in 2015 by CIC as I had not fulfilled Residency Obligation trying to send money to educate my first born at University. I also WAS DIRECTIONLESS not knowing what to do.Sent email to High Comm no response also called them but switch board cant advise.Should I pay them a Visit with COPY OF IAD judgement??
Please Advise with your valuable knowledge.