IAD on H&C with RO criteria after PRTD declined

[SNSCanada]

Dear Experts @canuck78 , @YVR123 and @armoured
Thanks a lot for your view in different forums, As I had studied and also interacted few times this year and find very accurate and experience oriented knowledge share by you three . I had my PRTD declined on RO criteria, not used available U.S visa to enter with short cut method (even with Job offer available) but applied for H&C appeal.

Virtual hearing is done last month and waiting for the judgement in next 5 weeks as per standard time frame. Didn't used counsel and I'm satisfied with length, presentation and can quote that IAD have very effective and helpful system to address things systematically with careful analysis of facts-all points and with mission to ensure honest chance to represent case. Let's hope for the best.

 

[armoured]

Good luck to you, let others know how it works out.

 

[SNSCanada]

Good luck to you, let others know how it works out.

Received Judgement as case is dismissed on sole criteria that "RO condition was not complied to present 730 days in 5 years" and H&C grounds are not sufficient on probability to grant specific relief, Senior level Job offer letter was also not weighted in favour, neither having an adult kid and bank balance in Canada or strong professional tie-up and reference letters.

IAD Judgement was delivered in 63 days (decision date is showing wriiten on 53rd day). Data trend shows, positive decision on H&C grounds were given mostly within 1-21 days in last 5 years. I am not going to apply for Judicial review. All submission was addressed point wise with view of Judge, it's in same line with thought process of Immigration officer (declined PRTD) and Minister's counsel(in hearing).

 

[canuck78]

Received Judgement as case is dismissed on sole criteria that "RO condition was not complied to present 730 days in 5 years" and H&C grounds are not sufficient on probability to grant specific relief, Senior level Job offer letter was also not weighted in favour, neither having an adult kid and bank balance in Canada or strong professional tie-up and reference letters.

IAD Judgement was delivered in 63 days (decision date is showing wriiten on 53rd day). Data trend shows, positive decision on H&C grounds were given mostly within 1-21 days in last 5 years. I am not going to apply for Judicial review. All submission was addressed point wise with view of Judge, it's in same line with thought process of Immigration officer (declined PRTD) and Minister's counsel(in hearing).

Thanks for the update. Can’t say that I am surprised. What happened to your wife and minor child?

 

[SNSCanada]

Thanks for the update. Can’t say that I am surprised. What happened to your wife and minor child?

Surprisingly minor child has also not received with quote that "Best interest is to live with parents" in environment and country to complete high school. This is not wriiten, Whether she can apply again at the age of 18 or not? Wife is also not allowed. https://www.canlii.org/en/ca/irb/ is website with IAD judgements, My 5 points were strong from 8 criteria, and even many weak cases have won in past including people crossed US boarder with US visa and Canadian landing documents of expired PR status.

My honest efforts, all submission was with positive expectation for at least PR restoration of minor child when elder adult is already in Canada as a PR. Not sure whether rules are different for case to case basis or judgements depend on thought process of decision taker. At the end of day, I was not in Canada with Residency Obligation compliance so solely accountable for this decline status.

 

[scylla]

Surprisingly minor child has also not received with quote that "Best interest is to live with parents" in environment and country to complete high school. This is not wriiten, Whether she can apply again at the age of 18 or not? Wife is also not allowed. https://www.canlii.org/en/ca/irb/ is website with IAD judgements, My 5 points were strong from 8 criteria, and even many weak cases have won in past including people crossed US boarder with US visa and Canadian landing documents of expired PR status.

My honest efforts, all submission was with positive expectation for at least PR restoration of minor child when elder adult is already in Canada as a PR. Not sure whether rules are different for case to case basis or judgements depend on thought process of decision taker. At the end of day, I was not in Canada with Residency Obligation compliance so solely accountable for this decline status.

Was the minor child included in the PRTD application and also the appeal?

It's not clear who is where and who was included in which application.

 

[scylla]

Yes, Minor was included in PRTD application and in Appeal also.
(1) Whether minor child can apply for PRTD after 3 years in age of 17 when need to apply for Canadian Universities in winter 2026 for undergraduate academic session of 2027 ?
Or IRCC will declined PRTD that time also on reason that status as PR was lost in Feb 2024 IAD judgement, whether IAD can be approached for consideration of H&C grounds ?
So point is what are chances for minor to apply again when close to 18 years with plan to study in Canada as a PR and when sibling is aready PR in Canada.
(2) Whether for all the future applications, Permananet Resident status period will be counted from Date of first landing in Canada as PR till date of IAD decision to dismiss PR restoration? So for paper formalities, whether no impact of RO criertia unless PR status will be confirmed by IAD/IRCC as lost.

(1) Minor has lost PR status. A PRTD in 3 years won't be successful since the minor is no longer a PR. Minor can come in 3 years as an international student on a study permit.
(2) I don't understand this question.

 

[Tubsmagee]

https://www.canlii.org/en/ca/irb/ is website with IAD judgements

Who was the panel member? It doesn’t look like decisions from Tuesday have posted yet.

 

[canuck78]

Surprisingly minor child has also not received with quote that "Best interest is to live with parents" in environment and country to complete high school. This is not wriiten, Whether she can apply again at the age of 18 or not? Wife is also not allowed. https://www.canlii.org/en/ca/irb/ is website with IAD judgements, My 5 points were strong from 8 criteria, and even many weak cases have won in past including people crossed US boarder with US visa and Canadian landing documents of expired PR status.

My honest efforts, all submission was with positive expectation for at least PR restoration of minor child when elder adult is already in Canada as a PR. Not sure whether rules are different for case to case basis or judgements depend on thought process of decision taker. At the end of day, I was not in Canada with Residency Obligation compliance so solely accountable for this decline status.

It is very common for minor children to get the same results as their parents since it is the best interest of the children to remain with their parents. PR is lost for all thee of you.