Appeal waiting time

[Wadiek]

I have been issued a departure order at Montreal airport which I appealed against on H&C grounds.
Can anybody advise what is waiting time for my appeal hearing to take place in Quebec (Montreal)?

I'm asking to seek other experience as I hear it take more than a couple of years because of the long queue.

thanks for your advise as I'm settled here in Canada and need to plan for when my hearing will take place.

 

[dpenabill]

I have been issued a departure order at Montreal airport which I appealed against on H&C grounds.
Can anybody advise what is waiting time for my appeal hearing to take place in Quebec (Montreal)?

I'm asking to seek other experience as I hear it take more than a couple of years because of the long queue.

thanks for your advise as I'm settled here in Canada and need to plan for when my hearing will take place.

I am not familiar with appeal time lines for any particular region, but overall they clearly vary from just a matter of months up to, as you note, around two years, with many appearing to take close to or more than a year.

You could do a search of IAD decisions in departure order cases, at http://www.canlii.org/en/ca/irb/ and in the search terms include Montreal to see if this helps to narrow the results to decisions for that region. While the decisions do not always contain sufficient information to discern how long the process has taken to reach a decision, many do (and indeed, my observation about the range in time lines is based mostly on what I have seen reading such decisions, as anecdotal experience reported in this and other forums tends to be sporadic and limited, and of course is not necessarily reliable).

While the outcome ultimately depends on the strength of your H&C reasons, with the main factor being just how much short of compliance you were at the time of being reported, being settled in Canada and remaining in Canada while the appeal is pending appears to be a significant factor which can have a positive influence in how the case is decided.

 

[Wadiek]

I am not familiar with appeal time lines for any particular region, but overall they clearly vary from just a matter of months up to, as you note, around two years, with many appearing to take close to or more than a year.

You could do a search of IAD decisions in departure order cases, at http://www.canlii.org/en/ca/irb/ and in the search terms include Montreal to see if this helps to narrow the results to decisions for that region. While the decisions do not always contain sufficient information to discern how long the process has taken to reach a decision, many do (and indeed, my observation about the range in time lines is based mostly on what I have seen reading such decisions, as anecdotal experience reported in this and other forums tends to be sporadic and limited, and of course is not necessarily reliable).

While the outcome ultimately depends on the strength of your H&C reasons, with the main factor being just how much short of compliance you were at the time of being reported, being settled in Canada and remaining in Canada while the appeal is pending appears to be a significant factor which can have a positive influence in how the case is decided.

Thanks a lot this is greatly hlpful. I have noticed a strange outcome for montreal region: the period of waiting reaches in average of 3.5 years. Is it normal?

 

[axelfoley]

I have been issued a departure order at Montreal airport which I appealed against on H&C grounds.
Can anybody advise what is waiting time for my appeal hearing to take place in Quebec (Montreal)?

I'm asking to seek other experience as I hear it take more than a couple of years because of the long queue.

thanks for your advise as I'm settled here in Canada and need to plan for when my hearing will take place.

@Wadiek

I am in almost the same position as you. I was actually issued a Removal order at Toronto Pearson a few days ago and have just filed Notice of Appeal to Montreal IAD Registry. My apartment and residence in Canada is in Greater Montreal, hence, my Notice of Appeal was sent to the Montreal Registry for the IAD. From my own analysis of cases at the three registries (Vancouver, Toronto, Montreal) is that Montreal is the "slowest" in that they are now dealing with cases of PRs appealing their Removal Orders, in some cases as far back as 2011. You can review the cases at CanLII:

https://www.canlii.org/en/ca/irb/nav/date/2016.html

You can see cases that have been heard for appeals of Residency Obligation breach/Removal Orders in the range from anywhere from 3 to 4 years, in some cases slightly more. Here are some recent cases heard in Montreal:

https://www.canlii.org/en/ca/irb/doc/2016/2016canlii42177/2016canlii42177.html (Departure order issued December 1st, 2012)
https://www.canlii.org/en/ca/irb/doc/2016/2016canlii44728/2016canlii44728.html (Departure order issued June 2nd, 2013)
https://www.canlii.org/en/ca/irb/doc/2016/2016canlii35058/2016canlii35058.html (Departure order issued August 24th, 2012)

There are some cases taking a bit longer and some a bit shorter, for PRs appealing a Departure Order at Montreal Registry, but in general, it seems 3.5 years is an "average" for Montreal, which appears to be considerably longer than what I have noticed for Vancouver especially, but also Toronto.

 

[TAS2016]

@ axelfoley

I can see that in most of the cases appeal is dismissed. Is there example of successful cases as well or in general what is the ratio of successful appeal.

 

[sammy123]

If you read through it you will find most did not have enough evidence to support the stay. appeal times are atrociously long, that is why I was thinking to revoke and reapply but now entry to Canada is stupid and tough, stupif because of over dependednt on IELTS which is totel BS

 

[axelfoley]

@ axelfoley

I can see that in most of the cases appeal is dismissed. Is there example of successful cases as well or in general what is the ratio of successful appeal.

Sorry for my late reply. The ratio I can't say for sure but each case is assessed on its own merits. I have seen a few cases on Canlii where the PR has built up sufficient ties in Canada after being issued a Departure Order which the PR has appealed and where the IAD has allowed the PR to retain residency, despite the failure in the past, due to the steps that the PR took to re-establish proper residency after having been issued the Departure Order. I think in the cases where the appeal is dismissed, of which there are many, most of them show that the PR did not make a serious attempt to re-establish "residency" ties in Canada and be compliant with the RO during the period between the issuance of the Departure Order and the hearing at the IAD.

Personally, I will be selling my apartment back home and buying one in Canada and breaking ties with home country and hope to be able to file taxes in Canada pending my appeal. As it is more difficult for me to regain PR status now than when I applied in 2004, this is really the only option for me. All I can suggest is to try your best to build ties in Canada whilst waiting for your appeal and also to break significant ties with the home country (if possible).